2011 (11) TMI 854 - HC - Indian Laws

Summary

Issues involved: Conviction u/s 138 of Negotiable Instruments Act, Criminal Appeal u/s 374 of CrPC, Challenge to judgments, Compounding of offence.

Conviction u/s 138 of Negotiable Instruments Act:
The applicant-accused was convicted for offences u/s 138 of the Negotiable Instruments Act by the Metropolitan Magistrate and sentenced to imprisonment and fine. The applicant appealed to the City Session Judge, which was dismissed. Both judgments were challenged in the present Criminal Revision Application.

Criminal Appeal u/s 374 of CrPC:
The applicant-accused, dissatisfied with the conviction, filed a Criminal Appeal u/s 374 of the CrPC before the City Session Judge, which was subsequently dismissed by the Additional Sessions Judge, Ahmedabad City.

Challenge to judgments:
Both the judgments convicting the applicant-accused were challenged in the present Criminal Revision Application before the High Court.

Compounding of offence:
The applicant and the complainant reached a settlement where the applicant agreed to pay a certain amount. The complainant confirmed the settlement before the Court. Referring to a Supreme Court decision, the High Court allowed the Revision Application, quashed the previous judgments, permitted compounding of the offence, and acquitted the accused. The fine paid by the accused was treated as costs towards the Government and not refunded to the accused.