2004 JTR(SC) 500
2005 3 BC 470 ; 2006 CriLR 44 ; 2005 2 DCR 408 ; 2005 9 Scale 597 ; 2004 11 SCC 400 ; 2004 Supp SCC(Cri) 103
Supreme Court Of India
G. SIVARAJAN
Versus
LITTLE FLOWER KURIES, ENTERPRISES ltd
Decided on April 16, 2004
Act Referred :NEGOTIABLE INSTRUMENTS ACT : S.147, S.138
Negotiable Instruments Act, 1881, Section 147 and 138 - Dishonour of cheque -Compounding of offence- Complainant stating that matter has been settled and he had no objection to compound the offence- Accordingly offence allowed to be compounded.[Para 3]
Negotiable Instruments Act, 1881, Section 147 and 138 - Dishonour of cheque -Compounding of offence- Complainant stating that matter has been settled and he had no objection to compound the offence- Accordingly offence allowed to be compounded.[Para 3]
( 1 ) HEARD learned counsel for the parties. Leave granted.
( 2 ) THE respondent complainant who is represented through his counsel has filed an affidavit stating that his claim has since been settled and he has no objection if the matter is compounded under S. 147 of the Negotiable Instruments Act, 1881. Having perused the judgments and the contents of the affidavit filed by the complainant, we are satisfied that this is a case which could be compounded. The sentence imposed by the two courts below is set aside. We permit the parties to compound the offence under S. 147 of the Negotiable Instruments Act, 1881. Ordered accordingly. The appeal is allowed.