A. Aswini, v. C. Shobana
Case brief
What is this about?
The High Court allowed a criminal revision filed against convictions for cheque dishonour. The court accepted that a settlement was reached and the offence was compounded, resulting in the petitioner's acquittal and refund of any fine paid.
What did the court decide?
Petitioner acquitted of all charges; offence compounded; fine amount refunded.
What the court decided
Bail Slip
The Petitioner/Accused Viz., S.Aswini was directed to be released on bail as per order of this Court dated 15.4.2016 and made in Crl.M.P.No.4407/2016 in Crl.R.C.No.634 of 2016.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.01.2019
CORAM:
THE HONOURABLE MR. JUSTICE V.PARTHIBAN
The Criminal Revisions filed under Section 397 read with 401 of Code of Criminal Procedure seeking to set aside the judgment dated 21.12.2015 made in C.A.No.70 of 2015 on the file of the learned III Additional District and Sessions Judge, Salem, confirming the judgment dated 26.03.2015 made in C.C.No.8 of 2014 on the file of the learned Judicial Magistrate No.III, Salem and acquit the petitioner.
For Petitioner : Mrs.Zeenath Begum
For Respondent : Mr.D.Shivakumaran
ORDER
This criminal revision is preferred against two concurrent judgments of the Courts below convicting the petitioner for offence under Section 138 of Negotiable Instruments Act and sentencing her to undergo six months rigorous imprisonment and to pay a fine of Rs.2,000/, in default, one month simple imprisonment.
Issues for consideration
2 issues framed by the court
Whether the conviction under Section 138 of the Negotiable Instruments Act should be set aside upon reaching a settlement between parties.
Whether the offence under Section 138 can be compounded resulting in acquittal of the petitioner.
Parties & counsel
- petitioner
S. Swini
- respondent
Respondent/Complainant
Coram
V. Parthiban
Case details
As recorded by the court registry
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