2004 JTR(SC) 1024
2004 13 SCC 494 ; 2006 1 SCC(Cri) 348
SUPREME COURT OF INDIA
K.G. BALAKRISHNAN, DR. A.R. LAKSHMANAN, JJ.
KISHORE KUMAR - APPELLANT
VERSUS
J.K. CORPORATION LTD. - RESPONDENT
CRIMINAL APPEAL NO. 987 OF 2004,
DECIDED ON SEPTEMBER 6, 2004
Act
Referred
:CRIMINAL PROCEDURE CODE : S.320
NEGOTIABLE INSTRUMENTS ACT : S.138
Negotiable Instruments Act, 1881, Section 138 - Criminal Procedure Code, 1973, Section 320 - Compounding of the offence - The appellant was convicted for the offence under Section 138 of the Act and sentenced to undergo imprisonment for a period of six months with a fine of Rs. 2,20,650- The parties settled the matter amicably - Memo of settlement produced and the settlement signed by the parties as well as the counsel for the respective parties- Therefore the conviction and sentence against the appellant is set aside. [Para 4]
Negotiable Instruments Act, 1881, Section 138 - Criminal Procedure Code, 1973, Section 320 - Compounding of the offence - The appellant was convicted for the offence under Section 138 of the Act and sentenced to undergo imprisonment for a period of six months with a fine of Rs. 2,20,650- The parties settled the matter amicably - Memo of settlement produced and the settlement signed by the parties as well as the counsel for the respective parties- Therefore the conviction and sentence against the appellant is set aside. [Para 4]
ORDER
1. LEAVE GRANTED.
2. HEARD LEARNED COUNSEL FOR THE PARTIES.
3. THE APPELLANT HEREIN WAS CONVICTED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NI ACT AND SENTENCED TO UNDERGO IMPRISONMENT FOR A PERIOD OF SIX MONTHS WITH A FINE OF RS 2,20,650 AND IN DEFAULT OF PAYMENT OF FINE TO FURTHER UNDERGO IMPRISONMENT FOR TWO MONTHS.
4. THE APPELLANT AND THE COMPLAINANT SETTLED THE MATTER AMICABLY AND F MEMO OF SETTLEMENT IS PRODUCED BY THE PARTIES AND THE SETTLEMENT IS SIGNED BY THE PARTIES AS WELL AS THE COUNSEL FOR THE RESPECTIVE PARTIES.
5. IN VIEW OF THE SETTLEMENT, THE CONVICTION AND SENTENCE AGAINST THE APPELLANT IS SET ASIDE.
6. THE APPEAL IS DISPOSED OF ACCORDINGLY.