2004 JTR(SC) 363
2004 3 AICLR 824 ; 2004 AIR(SC) 3978 ; 2004 AIR(SCW) 4344 ; 2004 2 AllCJ 1591 ; 2004 Supp AllCriC 430 ; 2004 AllMR(Cri)(SC) 2272 ; 2004 2 ApexCJ(SC) 581 ; 2005 3 BC 422 ; 2004 2 CHN(SC) 183 ; 2005 1 CivCC 795 ; 2005 123 CompCas 258 ; 2004 3 CriCC 176 ; 2004 CriLR(Cal) 563 ; 2004 CrLJ 3853 ; 2004 2 DCR 563 ; 2004 2 KLJ 725 ; 2004 2 KLJ 742 ; 2004 1 MWN(Cri) 59 ; 2004 3 PLR(SC) 381 ; 2004 3 RCR(Cri) 116 ; 2004 4 SCC 366 ; 2004 SCC(Cri) 1084 ; 2004 KHC 956
Supreme Court Of India
ANIL KUMAR HARITWAL
Versus
ALKA GUPTA
Decided on March 23, 2004
Negotiable Instruments Act, Sections 138 and 147 - Criminal Procedure Code, Section 320 - Compounding of offence - Appellants convicted under Section 138 of the Act and were sentenced to undergo imprisonment for six months and fine of Rs. 2000. The said court also awarded a compensation of Rs. 10,25,000 to the complainant- Conviction set aside in appeal but restored by High Court- Compound application filed by parties- Offence allowed to be compounded under Section 147 of the Act- Conviction set aside and appeal allowed [Paras 5 and 6]
Negotiable Instruments Act, Sections 138 and 147 - Criminal Procedure Code, Section 320 - Compounding of offence - Appellants convicted under Section 138 of the Act and were sentenced to undergo imprisonment for six months and fine of Rs. 2000. The said court also awarded a compensation of Rs. 10,25,000 to the complainant- Conviction set aside in appeal but restored by High Court- Compound application filed by parties- Offence allowed to be compounded under Section 147 of the Act- Conviction set aside and appeal allowed [Paras 5 and 6]
( 1 ) HEARD learned counsel for the parties.
( 2 ) LEAVE granted.
( 3 ) THE appellants herein were convicted by the Chief Judicial Magistrate, gwalior for offences punishable under Section 138 of the Negotiable instruments Act and were sentenced to undergo imprisonment for six months and fine of Rs 2000. The said court also awarded a compensation of rs 10,25,000 to the complainant.
( 4 ) IN appeal filed against the said conviction and sentence by the appellants herein, the learned 1st Additional Sessions Judge, Gwalior allowed the same, setting aside the conviction and sentence. In appeal filed by the plaintiff against the said order before the High Court of Judicature at Jabalpur bench, Gwalior, the High Court allowed the said appeal reversing the judgment of the learned Sessions Judge and restored that of the trial court.
( 5 ) IN this appeal the parties before us have filed a compromise petition bringing to our notice that dispute between them has since been settled and the amount due to the respondent complainant has been paid, therefore, a prayer is made in the interest of justice, that conviction and sentence imposed on the appellants may kindly be quashed. Learned counsel for the appellants placed reliance on the judgment of this Court in the case of Texmaco Ltd. v. State of A. P. where this Court on similar facts and circumstances of that case, had allowed such prayer and set aside the conviction and sentence.
( 6 ) WE have perused the records of the said case, which in our opinion are similar to the facts of the present case and we think it proper that prayer of the parties seeking to settle the dispute and praying for setting aside the conviction and sentence should be allowed. In the said view of the matter following the judgment of this Court in the above case, we allow this appeal setting aside the conviction and sentence imposed on the appellants in the interest of justice in view of the fact that the dispute is settled between the parties and Section 147 of the Negotiable Instruments Act permits compounding of the offence.
( 7 ) THE appeal is allowed.