AI Overview...
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Section 138 of the Negotiable Instruments Act (NI Act) - This section criminalizes the dishonor of a cheque for insufficient funds or other reasons, with provisions for penalties and punishments. Courts recognize that offences under Sec.138 are compoundable, meaning parties can settle the matter out of court, leading to possible acquittal upon compromise. SUSAMMMA JOHN Vs REJI JOSE - Kerala, Jamaludin VS Mohan Guneja - Dishonour Of Cheque, M/S.EICHER MOTORS LTD vs C.Y.SALIM AND ANOTHER - Kerala, SUGATHAN vs MAHADEVAN NADAR - Kerala, Kanahiya Lal Ghamandi Lal VS Subhash - Rajasthan, MATHEW VARGHESE vs K THOMAS VARGHESE & ANOTHER - Kerala, Kumar Exports VS Sharma Carpets - Orissa, JAMEELA vs GRIHALAKSHMI CHITTIES & LOANS - Kerala, M/S.EICHER MOTORS LTD. vs C.Y.SALIM - Kerala, P.KUMARASWAMY vs M.ALOYSIOS - Kerala
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Acquittal upon Compounding - Multiple judgments highlight that once the offence under Sec.138 is compounded (i.e., parties agree to settle), the court typically sets aside conviction and acquits the accused. Sections 320(6) and 320(8) of the Criminal Procedure Code (Cr.P.C.) facilitate such compounding, leading to acquittal SUGATHAN vs MAHADEVAN NADAR - Kerala, P.KUMARASWAMY vs M.ALOYSIOS - Kerala, MATHEW VARGHESE vs K THOMAS VARGHESE & ANOTHER - Kerala.
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Judicial Recognition of Settlement - Courts have explicitly acknowledged the compoundable nature of Sec.138 offences, allowing parties to resolve disputes amicably, which results in discharge or acquittal of the accused. This aligns with the legal framework that considers such offences compoundable under the law SUSAMMMA JOHN Vs REJI JOSE - Kerala, SUGATHAN vs MAHADEVAN NADAR - Kerala.
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Judicial Decisions and References - The courts have consistently maintained that if parties agree to settle the matter, the offence under Sec.138 can be compounded, leading to acquittal. In appeals and criminal cases, the courts have set aside convictions after such agreements, emphasizing the discretion of the court to allow compounding under Sections 320(6) and 320(8) Cr.P.C. Jamaludin VS Mohan Guneja - Dishonour Of Cheque, P.KUMARASWAMY vs M.ALOYSIOS - Kerala, MATHEW VARGHESE vs K THOMAS VARGHESE & ANOTHER - Kerala.
Analysis and Conclusion
The main legal insight is that Offences under Section 138 of the Negotiable Instruments Act are compoundable, allowing parties to settle disputes out of court. When such settlement occurs, courts typically acquit the accused, as reflected in multiple judicial decisions. The provisions of Cr.P.C. Sections 320(6) and 320(8) empower courts to permit such compounding, leading to discharge or acquittal of the accused. This approach balances the criminal nature of the offence with the parties' willingness to resolve disputes amicably.
References: - SUSAMMMA JOHN Vs REJI JOSE - Kerala - Jamaludin VS Mohan Guneja - Dishonour Of Cheque - M/S.EICHER MOTORS LTD vs C.Y.SALIM AND ANOTHER - Kerala - SUGATHAN vs MAHADEVAN NADAR - Kerala - Kanahiya Lal Ghamandi Lal VS Subhash - Rajasthan - MATHEW VARGHESE vs K THOMAS VARGHESE & ANOTHER - Kerala - Kumar Exports VS Sharma Carpets - Orissa - JAMEELA vs GRIHALAKSHMI CHITTIES & LOANS - Kerala - M/S.EICHER MOTORS LTD. vs C.Y.SALIM - Kerala - P.KUMARASWAMY vs M.ALOYSIOS - Kerala
Search Results for "Negotiable Instrument Act Sec 138 Acquittal Judgement"
2017 Supreme(Online)(KER) 50922 • India - High Court of Kerala
P.D.RAJAN, J
Negotiable Instruments - Criminal Procedure - Negotiable Instrument Act Section 138, 147; Criminal Procedure Code Section 320 ... Fact of the Case: The accused was convicted under Sec.138 of the Negotiable Instrument Act for non-payment of a cheque ... - The court recognized the compoundable nature of offenses under Sec.138 of the NI Act, lea....
• India - Dishonour Of Cheque
H.R.PANWAR
the Negotiable Instrument Act, 1881, leading to the acquittal of the accused. ... Issues: Permission to compound the offence under Sec. 138 of the Negotiable Instrument Act, 1881. ... Compoundable Offence - Negotiable Instrument Act - The court allowed the complainant to compound the offence under Sec. 138 of ... the Trial Court convicted the ....
2023 Supreme(Online)(KER) 11304 • India - High Court of Kerala
C.S. DIAS, J
These appeals are directed against the common judgment in Crl.A Nos.977, 978, 979 and 980 of 2008 of the Court of the Additional Sessions Judge (Adhoc- I), Ernakulam, (Appellate Court), holding the first respondent not guilty for the offence under Sec.138 of the Negotiable Instruments
2016 Supreme(Online)(KER) 37236 • India - High Court of Kerala
P.D.RAJAN, J
Compounding - Criminal Appeal - Negotiable Instrument Act - Sections 138, 147; Criminal Procedure Code - Sections 320(6), 320( ... Ratio Decidendi: The court concluded that the composition of the offence under Sec.138 is permitted by law, resulting in acquittal ... 8) - The court acknowledged the compounding of the offence under the NI Act and sections of Cr.P.C., leading to the acquittal of ... No.37 of 2005 of the Judicial First ....
2012 0 Supreme(Raj) 229 • India - Rajasthan
R.S.CHAUHAN
Negotiable Instruments Act, 1881, Sec. 118, 138, 139, read with Evidence Act, 1872, Sec. 114 — Presumption as to negotiable instruments ... is rebutted — Acquittal of respondent maintained. ... — Held — Adverse presumption u/Sec. 114 of the Evidence Act drawn against the appellant — Presumption u/Sec. 139 of the Act of 1881 ... Presumptions as to negotiable #HL_....
2016 Supreme(Online)(KER) 15749 • India - High Court of Kerala
P.D.RAJAN, J
Negotiable Instruments - Offense Compounding - Negotiable Instrument Act Sections 138, 147; Criminal Procedure Code Sections 320 ... Sec. 320(6) Cr.P.C. to allow such agreements, leading to the acquittal of the accused. ... . 147 of the NI Act allowing compounding of offenses, resulting in the acquittal of the accused. ... No.39 of 2003 of the Judicial First Class Magistrate Court, Mavelikkara for the offence punis....
2008 0 Supreme(Ori) 529 • India - Orissa
J.M.PANCHAL, R.V.RAVEENDRAN
NEGOTIABLE INSTRUMENTS ACT, 1881 - Secs. 118, 139, 138 - Evidence Act - Secs. 3 and 4 - Negotiable Instrument - Debt or liability ... . 138 of the N.I.Act a presumption will have to be made that every negotiable instrument was made or drawn for consideration and ... NEGOTIABLE INSTRUMENTS ACT, 1881 - Sec. 138 - Acquittal by Magistrate - On appeal High Court pass....
2016 Supreme(Online)(KER) 16276 • India - High Court of Kerala
P.D.RAJAN, J
Negotiable Instruments - Criminal Law - NI Act - Sections 138, 147; Cr.P.C. - Sections 320(6), 401, 320(8) Fact of the Case ... those under Sec.138, leading to acquittal upon successful compromise. ... Final Decision: Conviction and sentence under Sec.138 of the NI Act set aside; accused acquitted. ... No.1023 of 1999 in the court of the Chief Judicial Magistrate, Thrissur under Sec.13....
2023 Supreme(Online)(KER) 24672 • India - High Court of Kerala
C.S. DIAS, J
Negotiability - Cheque Dishonor - Negotiable Instruments Act - Sections 138, 118, 139 - The court emphasized the presumptions ... regarding cheque consideration under the N.I. ... These appeals are directed against the common judgment in Crl.A Nos.977, 978, 979 and 980 of 2008 of the Court of the Additional Sessions Judge (Adhoc- I), Ernakulam, (Appellate Court), holding the first respondent not guilty for the offence under Sec.138 of the Negotiable Instruments
2016 Supreme(Online)(KER) 30128 • India - High Court of Kerala
P.D.RAJAN, J
Compromise - Negotiable Instrument Act - Sections 138, 147; Criminal Procedure Code - Sections 320(6), 320(8) - The court acknowledged ... Additionally, under Sec.320(6) Cr.P.C., the appropriate court can allow compounding of the offence, resulting in an acquittal. ... a compromise between parties, emphasizing the compoundable nature of the offence under the NI Act and allowing acquittal as per ... No.719 of 2005 of the Judicial First Class Magistrat....
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