NDLI: B V Seshaiah Vs. The State of Telangana & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1881 Conviction of the Appellants Revision filed before High Court s.138 Memorandum of Understanding Negotiable Instruments Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Negotiable Instruments Act, 1881 (26 of 1881)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Negotiable Instruments Act, 1881 – s. 138 – Conviction of the Appellants – Revision filed before High Court – Meanwhile, the parties entered into a Memorandum of Understanding (MoU) to settle the dispute, in terms thereof Respondent No.2 was bound to file a compromise petition before the High Court, however he failed to do so – Revision dismissed by High Court, conviction of the Appellants confirmed – On appeal, held: This is a very clear case of the parties entering into an agreement and compounding the offence to save themselves from the process of litigation – When such a step was taken by the parties and the law clearly allows them to do the same, the High Court cannot override such compounding and impose its will – Also, Respondent No.2 was duty bound to file a compromise petition before High Court, and by not doing the same has withdrawn key information from the High Court, which led to unwarranted confirmation of the Appellants’ conviction – Order of conviction set aside – Open to the parties to settle their dispute as per the MoU.
Judge	Hon'ble Mr. Justice Krishna Murari
Neutral Citation	2023 INSC 93
Petitioner	B V Seshaiah
Respondent	The State Of Telangana & Anr
SCR	[2023] 2 S.C.R. 293
Judgement Date	2023-02-01
Case Number	284

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