P.Krishnan v. E.Ramu
Case brief
What is this about?
In compounding application under Section 138 NI Act, the High Court allowed the offence to be compounded after verified settlement of Rs.4.10 lakh. The conviction and sentence in appeal were set aside, and the accused was acquitted pending execution by lower courts.
What did the court decide?
Offence compounded; Judgment in appeal set aside; Accused acquitted; Trial Court directed to disburse settled amount to respondent.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Tuesday, the Twenty Fifth day of January Two Thousand Twenty Two
PRESENT
The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA
CRIMINAL MISCELLANEOUS PETITION No.316 of 2022
IN
CRL RC.733/2021
P.KRISHNAN [ PETITIONER ]
Vs E.RAMU [ RESPONDENT ]
Petition praying that in the circumstances stated therein the High Court will be pleased to permit the petitioner and the respondent to compound the offences under section 138 N.I.Act pending Criminal Revision No.733/2021 on the file of this Honourable Court on the basis of Memorandum of Compromise dated 03/01/2022 and pass such further or other orders.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.R.SASIKUMAR, Advocate for the petitioner and of M/S K.S.MURUGAN on behalf of the Respondent the court made the following order:-
Issues for consideration
2 issues framed by the court
Whether the High Court can permit compounding of an offence under Section 138 of the Negotiable Instruments Act pending a criminal revision.
Whether the appellant's conviction and sentence stood set aside and acquittal awarded upon payment of settlement amount and delivery of deposit order.
Parties & counsel
- petitioner
P.KRISHNAN
- respondent
E.RAMU
Coram
A.D.JAGADISH CHANDIRA
Case details
As recorded by the court registry
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