In a criminal revision on a conviction under Section 138 of the Negotiable Instruments Act, the High Court set aside the judgment of conviction and sentence after the parties settled the dispute and construed the offence as compoundable.
The judgment of conviction and order of sentence was set aside. The revision application was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 56 of 2016
With
I.A. No.6273 of 2023
Sunita Gupta …... …. Petitioner
Versus
CORAM : HON’BLE MR. JUSTICE AMBUJ NATH
-------For the Petitioner : Mr. Preetom Mondal, Advocate For the State : Mr. Suraj Deo Munda, A.P.P --------
10/ Dated 04.08.2023
Heard the parties.
The petitioner Sunita Gupa has filed this application against the judgment dated 31.01.2014 passed by Sri Amitabh Kumar, learned Sessions Judge, East Singhbhum, Jamshedpur in Criminal Appeal No.267/2012, whereby and wherein, learned Sessions Judge, Jamshedpur dismissed the appeal of the petitioner and affirmed the judgment of conviction and order of sentence dated 15.09.2012 passed by Sri Raj Kamal Mishra, learned Sub-Divisional Judicial Magistrate, Jamshedpur in C/1 Case No.800/2008, holding the petitioner guilty for the offence under Section 138 of the N.I. Act and thereby, sentencing him to undergo S.I for six months. The petitioner was further directed to pay Rs.1,60,000/- to the opposite party No.2 by way of compensation.
The aforesaid Interlocutory Application has been filed, bringing the fact on record that the parties have settled the dispute.
Learned counsel for the petitioner has conceded the fact that the parties have settled the dispute. It was also submitted that the offence under Section 138 of the N.I. Act is compoundable in nature.
As the parties have settled their dispute, they are permitted to compound this case.
Accordingly, the judgment of conviction and order of sentence passed by the learned Trial Court is set aside. This revision application is allowed.
Pending I.A, if any, also stands disposed of.
(Ambuj Nath, J.)
BS/
2 issues framed by the court
Whether the conviction and sentence in a compoundable cheque dishonour case can be set aside upon settlement of the dispute by the parties.
Whether the petitioner is entitled to compound the offence under Section 138 of the Negotiable Instruments Act.
1 provisions across 1 enactments
Sunita Gupta
The State of Jharkhand
Ashok Giri
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
