2005 JTR(SC) 461
2005 3 AICLR 891 ; 2005 AIR(SCW) 3358 ; 2005 2 AllCJ 1093 ; 2005 2 BomCR(Cri)(SC) 40 ; 2005 3 CivCC 726 ; 2005 4 CriCC 513 ; 2005 CriLR 702 ; 2005 CrLJ 4878 ; 2006 2 DCR 149 ; 2005 3 ICC 811 ; 2005 2 MPWN 68 ; 2005 2 OLR 430 ; 2006 4 RCR(Cri) 841 ; 2005 4 SCC 162 ; 2005 SCC(Cri) 1321 ; 2005 SCC(Cri) 1472 ; 2005 2 WLC 465
Supreme Court Of India
SAILESH SHYAM PARSEKAR
Versus
BABAN ALIAS VISHWANATH S. GODGE
Decided on March 14, 2005
Act Referred :NEGOTIABLE INSTRUMENTS ACT : S.138
Negotiable Instruments Act, Section 138 - Criminal Procedure Code, Section 320 - Dishonour of cheque - Appellant convicted and sentenced to one month S.I. and to pay compensation of Rs. 39,000/-Conviction and sentence upheld up to High Court -Compromise between parties before Supreme Court - Parties permitted to compound the offence - Conviction and sentence, set aside. [Paras 4 and 5]
Negotiable Instruments Act, Section 138 - Criminal Procedure Code, Section 320 - Dishonour of cheque - Appellant convicted and sentenced to one month S.I. and to pay compensation of Rs. 39,000/-Conviction and sentence upheld up to High Court -Compromise between parties before Supreme Court - Parties permitted to compound the offence - Conviction and sentence, set aside. [Paras 4 and 5]
Judgment
( 1 ) HEARD learned counsel for the parties.
( 2 ) LEAVE granted.
( 3 ) THE appellant herein was convicted by the trial court under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo simple imprisonment for a period of one month and to pay compensation to the tune of Rs. 39,000. 00; in default, to undergo simple imprisonment for a further period of six months. On appeal being preferred, the Sessions Court confirmed the conviction and sentence. Thereafter, when the matter was taken to the High Court of Bombay, the criminal revision application was dismissed. Hence, this appeal by special leave.
( 4 ) A joint petition of compromise has been filed by the parties in which it has been stated that they have settled their dispute and grievances. In view of the facts stated in the compromise petition, we permit the parties to compound the offence. The appeal is, accordingly, allowed, conviction and sentence of the appellant are set aside in view of the compromise and he is acquitted of the charge. The appellant, who is on bail, shall be discharged from the liability of bail bonds.