In a Revision under Section 138 NI Act, the court allowed the petition after a Lok Adalat settlement compounded the offence, granting acquittal under Section 320(8) Cr.P.C. and setting aside the prior conviction.
Acquittal under Section 320(8) Cr.P.C. and setting aside conviction and sentence.
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.
HON’BLE SRI JUSTICE S.RAVI KUMAR
CRIMINAL REVISION CASE NO.43 OF 2012
ORDER:
Heard both sides.
When this matter is listed on 23-06-2014, on the request of both parties, the matter has been referred to Lok Adalat of High Court as the offence under Section 138 of the Negotiable Instruments Act,1881 is compoundable.
As seen from the record, High Court Legal Services Committee organized Lok Adalat on 23-07-2014 and both parties settled their dispute in the presence of Lok Adalat Bench, in pursuance of which an award is passed recording compromise and in terms of which offence is compounded. As per Section 320 Cr.P.C. when an offence is compounded, the accused has to be acquitted under Section 320(8) Cr.P.C.
In view of the award passed by Lok Adalat on 23-07-2014, in view of the settlement as the offence is compounded, the petitioner herein is entitled for an acquittal under Section 320(8) Cr.P.C.
Accordingly, the Criminal Revision Case is allowed by setting aside the conviction and sentence in C.C.No.278 of 2007 on the file of the Court of Principal Junior Civil Judge, Parvathipuram, which is upheld by II Additional District and Sessions Judge(FTC), Parvathipuram in Crl.A.No.40 of 2010 under Section 138 of N.I.Act and revision petitioner/accused is acquitted under Section 320(8) Cr.P.C.
S.RAVI KUMAR, J
04.09.2014. TSNR
2 issues framed by the court
Whether the petitioner is entitled to acquittal under Section 320(8) Cr.P.C. after compoundable offence settlement in Lok Adalat?
Whether the impugned conviction and sentence in cheque dishonour case should be set aside following compromise?
petitioner/accused
respondent/accused
S.RAVI KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
