2005 JTR(SC) 865
2006 3 AICLR 475 ; 2006 AllMR(Cri)(SC) 562 ; 2007 2 BankJ 5 ; 2006 2 BC 592 ; 2005 2 BomCR(Cri)(SC) 890 ; 2006 CrLJ 948 ; 2006 2 DCR 152 ; 2006 1 MPWN 50 ; 2006 2 RCR(Cri) 677 ; 2005 7 SCC 54 ; 2005 SCC(Cri) 1593 ; 2006 1 WLC 676
Supreme Court Of India
K. GYANSAGAR
Versus
GANESH GUPTA
Decided on July 11, 2005
Act Referred :NEGOTIABLE INSTRUMENTS ACT : S.147, S.138
Criminal Procedure Code, Section 320 - Negotiable Instruments Act, Sections 138 and 147 - Application for Compounding of offence - Amount due paid by accused - Application supported by affidavit- Permission to compound the offence granted. [Para 2]
Criminal Procedure Code, Section 320 - Negotiable Instruments Act, Sections 138 and 147 - Application for Compounding of offence - Amount due paid by accused - Application supported by affidavit- Permission to compound the offence granted. [Para 2]
Judgment
( 1 ) LEAVE granted.
( 2 ) THE accused and the complainant are represented through their counsel. A joint application has been filed for compounding the offence under Section 147 of the Negotiable Instruments Act. In the application it is stated that the amount due has been paid. Necessary figures are disclosed in para 10 of the application for compounding the offence. The application is supported by affidavits of the accused as well as the complainant. Having regard to the facts and circumstances of the case we are of the view that the parties should be permitted to compound the offence since the parties state that nothing is outstanding from the appellant since the amount due has been paid in full.
( 3 ) WE, therefore, permit the parties to compound the offence, and set aside the conviction and sentence of the appellant. The appeal is allowed.