2019 (8) TMI 1788

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....1.08.2018 in Criminal Appeal Nos. 588 and 589 of 2018 by which the High Court has set aside the judgment passed by the Trial Court, wherein the appellant had been acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (For Short, the N.I. Act). 3. The respondent has filed the compliant under Section 138 of the N.I. Act based on two cheques:- for Rs. 7,80,....

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....gned judgment, the High Court has convicted the appellant under Section 138, N.I. Act and sentenced the appellant to undergo imprisonment for two years. Additionally, the High Court has also imposed the fine of Rs. 15,60,000/- (qua the cheque for Rs. 7,80,000/-) and imposed fine amount of Rs. 11,60,000/- (qua the cheque for Rs. 5,80,000/-) with default clause. Being aggrieved, the appellant prefer....

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....promise arrived at between the parties, the conviction of the appellant under Section 138 of N.I. Act is to be set aside and the appellant is entitled to an acquittal. The learned counsel for the appellant has drawn our attention to the case of Damodar S. Prabhu vs. Sayed Babalal H., (2010) 5 SCC 663 and submitted that in cases arising under Section 138, N.I. Act where the parties are compromising....

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....y of negotiating for settlement in this Court after filing the appeal. In such facts and circumstances of the case, this is not a case where cost is to be imposed, as per the guidelines laid down by this Court as per the judgment reported in (2010) 5 SCC 663 (supra). 6. In view of the settlement arrived at between the parties, the conviction of the appellant under Section 138, N.I. Act in Crimi....