This order quashes conviction for cheque dishonour on compromise. Petitioner paid remaining dues to respondent who withdrew complaint. Trial and appellate convictions set aside on compounding.
Orders dated 29.9.2015 and 2.5.2016 convicting petitioner under Section 138 NI Act quashed and set aside.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision No. 556/2016
Pardeep Singh
----Petitioner
Versus
Om Prakash Sharma
----Respondent
For Petitioner(s) : Mr. Raghunandan Sharma For Respondent(s) : Mr. Abdul Hameed Khan
HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Judgment / Order
12/03/2018
During the course of arguments, learned counsel for the accused-petitioner submits that the petitioner is ready to pay the remaining amount of cheque i.e. Rs.1,40,000/- to the complainant-respondent. Learned counsel for the complainant and the complainant Om Prakash Sharma present in person are agreed to the proposal submitted by the learned counsel for the accused-petitioner. On the consent of both the side the amount of Rs.1,40,000/- has been paid in cash by the accused-petitioner to the complainant-respondent. The complainant does not want to continue any criminal proceeding against the accused now.
In view of the fact that the matter has been compounded between the parties, the order dated 29.9.2015 passed by the trial Court and the judgment dated 2.5.2016 passed by the learned appellate Court upholding the judgment of trial Court convicting the accused for the offence under Section 138 N.I. Act are quashed and set aside.
[CRLR-556/2016]
(2 of 2)
The revision petition stands allowed.
(DEEPAK MAHESHWARI),J
Anand 85
2 issues framed by the court
Whether the criminal proceedings for cheque dishonour can be quashed upon settlement between parties.
Whether the compounding of the offence by the petitioner and acceptance of payment by the respondent warrants setting aside the conviction.
1 provisions across 1 enactments
Pardeep Singh
Om Prakash Sharma
Deepak Maheshwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
