Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881 were liable to be set aside on the basis of an amicable settlement between the parties and the consequent acquittal of the petitioner.
Analysis: The parties had settled the dispute and the complainant no longer wished to pursue the matter. The offence was treated as one amenable to settlement rather than a crime against the State. In the facts of the case, the Court found that the matter did not fall within the category of heinous or serious offences excluded from the exercise of inherent powers. Reliance was placed on the settled principles governing quashing on compromise, including the need to secure the ends of justice and prevent abuse of process, and on the statutory power to compound under Section 147 of the Negotiable Instruments Act, 1881.
Conclusion: The revision petition was allowed, the conviction and sentence were set aside, and the petitioner was acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881.