Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Negotiable Instruments Act S. 38 and S. 147 1881 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Negotiable Instruments Act, 1881; S. 38 and S. 147 (as inserted by amending Act 55/2002 - Offence u/s 138 - Compounding of - Held: Though technically provisions of s. 320 CrPC do not apply to offences not covered by Penal Code, the fact as to compromise between the parties and payment of dues u/s 138 of the Act would be a relevant fact to allow compounding - In such matters normally compounding of offences should not be denied - Moreover, s. 147 also allows compounding of offences punishable under the provisions of the Act - On facts, there exists no reason to refuse compromise between the parties as the amount In question has been paid by the accused and accepted by the complainant towards full and final settlement of the dues-Order of conviction and sentence as recorded by Courts below against the accused set aside and he is acquitted of the charge levelled against him - Code of Criminal Procedure, 1973 - S. 320 - Compounding of offences. S. 138 - Scope of - Discussed.Words & Phrases:Compounding of an offence - Meaning and scope of in the context of s. 147 of the Negotiable Instruments Act, 1881. The Appellant, who was stated to have taken a loan from the Complainant Bank, issued a cheque in its favour. The complainant alleged that the cheque was dishonored and returned to the drawer with endorsement, "Loan account due date is over and account was not in operation." The appellant was prosecuted under the provisions of the Negotiable Instruments Act, 1881. The Trial Court held that the accused failed to pay the loan amount and thereby he committed an offence punishable under s.138 of Act, and accordingly convicted, sentenced him to undergo imprisonment for a period of six months, ordered him to pay a certain amount as compensation to the complainant and a certain amount to the State Government as fine. The appellate court confirmed the order of conviction and sentence as recorded by the trial court. It, however, reduced the amounts of compensation and fine. On Revision application, the High Court passed an interim order directing the accused to deposit the compensation-amount in the Court but the accused failed to comply with the order. In the instant appeal, pursuant to the notice issued by the Court, the respondent-Bank appeared and filed an affidavit stating that the appellant had paid the amount in question towards full and final settlement of the claim of the respondent and the matter stood settled amicably. In this view of the matter, the appellant pleaded that the compromise may be recorded, the appeal may be allowed; and he may be ordered to be acquitted of the charge levelled against him. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 1246 |
Petitioner | Vinay Devanna Nayak |
Respondent | Ryot Seva Sahakari Bank Ltd. |
SCR | [2007] 12 S.C.R. 1134 |
Judgement Date | 2007-12-07 |
Case Number | 1679 |
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