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| The Tax Publishers 2022 TaxPub(CL) 2929 (Jhar-HC) NEGOTIABLE INSTRUMENTS ACT, 1881
Sections 138 & 147
Where Trial Court passed judgment of conviction against drawer, but parties had amicably settled the dispute, in view of the settlement between the parties, prayer for compounding the offence under section 147 was granted and the judgment of conviction was set aside.
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Dishonour of cheque - Petition against judgment of conviction - Settlement of dispute between parties amicably - Compounding of offence under section 147
Cheque holder filed complaint under section 138 against drawer. Trial Court passed judgment of conviction against the drawer, which was upheld by Sessions Court. The drawer filed revision petition for compounding of offence under section 147 against the judgment on the ground that the dispute was amicably settled between the parties. Held: Section 147 does not bar the parties from compounding an offence under section 138 even at the appellate stage of the proceedings. There is no reason to reject the petition under section 147. In view of the settlement between the parties, the prayer for compounding the offence under section 147 was granted. Thus, the judgment of conviction was set aside.
REFERRED : M. Ibrahim v. K.P. Mohammed' (2010) 1 SCC 798; Vinay Devanna Nayak v. Ryot Sewa Sahakari Bank Ltd.' (2008) 2 SCC 305 : 2008 TaxPub(CL) 0252 (SC)
FAVOUR : In favour of petitioner
A.Y. :
IN THE JHARKHAND HIGH COURT
SHREE CHANDRASHEKHAR, J.
Mainu Singh v. State of Jharkhand
Cr. Revision No. 721 of 2015
19 October, 2022
Petitioners by: Kripa Shankar Nanda, Advocate
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