Case Note & Summary
The Supreme Court dealt with appeals arising from the High Court of Karnataka's judgment dated 7.10.2004, which confirmed the conviction under Section 138 of the Negotiable Instruments Act. The petitioner and respondent filed applications seeking permission to compound the offence, indicating that they had reached an amicable settlement out of court. The respondent submitted an affidavit stating that the compensation and fine had been paid by the petitioner and expressed no objection to the compounding of the offence. The court, upon reviewing the settlement and the affidavit, allowed the applications to compound the offence, thereby disposing of the appeals. The interim orders were vacated, and the previous orders of the High Court and lower courts were set aside, reflecting the court's endorsement of the settlement reached by the parties.
Headnote
A) Criminal Law - Compounding of Offences - Permissibility of Compounding - Negotiable Instruments Act, 1881, Section 138 - The court allowed the compounding of the offence under Section 138 of the Negotiable Instruments Act as the parties had amicably settled the dispute and the respondent had no objection to the compounding. The court considered the affidavit filed by the respondent confirming the settlement and payment of compensation, thus allowing the applications to compound the offence (Paras Not mentioned).
Issue of Consideration
Whether the offence under Section 138 of the Negotiable Instruments Act can be compounded following a settlement between the parties.
Final Decision
The Supreme Court allowed the applications to compound the offence under Section 138 of the Negotiable Instruments Act, set aside the previous orders, and disposed of the appeals.
Law Points
- Compounding of offences
- Negotiable Instruments Act
- 1881
- Section 138
- Code of Criminal Procedure
- 1973
- Section 320
