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        Case ID :

        2007 (7) TMI 716 - HC - Indian Laws

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        Section 482 CrPC cannot routinely quash cheque dishonour sentences after later settlement; compensation discharge remains for the Magistrate. Section 482 CrPC was noted as unavailable for routinely quashing or interfering with a sentence in a cheque dishonour prosecution under Section 138 NI Act ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            Section 482 CrPC cannot routinely quash cheque dishonour sentences after later settlement; compensation discharge remains for the Magistrate.

                            Section 482 CrPC was noted as unavailable for routinely quashing or interfering with a sentence in a cheque dishonour prosecution under Section 138 NI Act merely because of a later settlement and claimed compensation payment. The commentary treats a cited precedent as confined to its exceptional facts, and states that any question whether compensation was fully discharged must be satisfied before the Magistrate. If compensation was in fact paid, the default sentence could not be executed, but that did not justify quashing the sentence through inherent jurisdiction.




                            Issues: Whether the inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 could be invoked to quash or interfere with the sentence in a cheque dishonour prosecution under Section 138 of the Negotiable Instruments Act, 1881 on the basis of a subsequent settlement and alleged payment of compensation.

                            Analysis: The dispute had already resulted in a final conviction and sentence, and the court found that the later settlement did not create a general basis for invoking inherent powers. The earlier decision relied on by the petitioner was treated as confined to its exceptional facts and not as authority for accepting all post-revision compositions. The court also noted that if the compensation liability had in fact been fully discharged, the default sentence could not be executed, but that question was for satisfaction before the learned Magistrate and did not justify quashing the sentence in exercise of Section 482 jurisdiction.

                            Conclusion: The request to invoke Section 482 was rejected and the petition was dismissed. The petitioner remained liable only to undergo the substantive sentence of imprisonment till rising of court if the compensation liability had been discharged.


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                            ActsIncome Tax
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