In a revision seeking to compound an offence under Section 138 NI Act, the Court allowed the application and set aside the conviction and sentence after confirming the parties' compromise and full payment by the appellant.
Crl.M.P.No.620 of 2011 ordered; Criminal Revision Case allowed; conviction and sentence set aside.
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THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Crl.M.P.No.620 of 2011 & CRIMINAL REVISION CASE No.416 of
2011
JUDGMENT:
This revision is directed against the judgment dated 1.12.2010 made in Crl.A No.158 of 2006 by the IV Additional District & Sessions Judge, Visakhapatnam, confirming the conviction and sentence imposed in C.C.No.566 of 2004 by the II Additional Chief Metropolitan Magistrate, Visakhapatnam, vide order dated 12.12.2006.
When this matter has come up for hearing, the learned Counsel for the petitioner stated that both the parties compromised the matter and in pursuance of the same, the petitioner paid the entire amount and therefore, the offence may be compounded.
Both the parties are present before this Court and filed Crl.M.P.620 of 2011 seeking to compound the offence in question. When the complainant was questioned, he stated that he received the entire cheque amount.
In view of the compromise between the parties and the payment of the amount to the complainant and in view of the fact that the offence punishable under Section 138 of the Negotiable Instruments is compoundable, this Court is of the view that the conviction and the sentence imposed by the Courts below can be set aside.
Accordingly, the Crl.M.P.No.620 of 2011 is ordered and the Criminal Revision Case is allowed setting aside the conviction and sentence imposed by the Courts below.
_____________________________ JUSTICE GOPALA KRISHNA TAMADA 8th March 2011 Nn
THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA
CRIMINAL REVISION CASE No.416 of 2011
8.3.2011
1 issue framed by the court
Whether the conviction and sentence for cheque dishonour can be set aside upon compromise and payment of the amount.
1 provisions across 1 enactments
PETITIONER
COMPLAINANT
GOPALA KRISHNA TAMADA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
