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2024 (5) TMI 1219 - HC - Indian Laws


Issues:
1. Application for advancement of the next date of hearing.
2. Application for placing a compromise and affidavit on record.
3. Revision petition against the judgment of conviction under Section 138 of the Negotiable Instruments Act.
4. Compounding of the offense under Section 138 of the Negotiable Instruments Act.

Analysis:

Issue 1:
The petitioner filed an application for the advancement of the next date of hearing to an earlier date. The court allowed the application, advancing the hearing to the same day.

Issue 2:
Another application was filed to place a compromise and an affidavit on record. The court allowed the application, subject to all just exceptions, and the documents were taken on record.

Issue 3:
The revision petition was filed against the judgment of conviction under Section 138 of the Negotiable Instruments Act. The petitioner was convicted for dishonoring a cheque and failing to make the payment, leading to legal proceedings. The petitioner's appeal against the conviction was dismissed by the Additional Sessions Judge, leading to the filing of the revision petition.

Issue 4:
During the pendency of the revision petition, a compromise was reached between the parties. The petitioner contended that the offense under Section 138 of the Negotiable Instruments Act could be compounded as a settlement had been reached. The respondents did not object to compounding the offense. Citing relevant legal provisions, the court noted that the offense under Section 138 is compoundable. Referring to previous judgments, the court held that once a settlement is reached, the accused should be acquitted as the offense stands compounded. The court allowed the revision petition, setting aside the previous judgments and acquitting the petitioner of the charge under Section 138 of the Negotiable Instruments Act. The petitioner was ordered to be released immediately if not required in any other case.

In conclusion, the court allowed the advancement of the hearing date, accepted the compromise and affidavit on record, and ultimately acquitted the petitioner of the charge under Section 138 of the Negotiable Instruments Act due to a mutual settlement between the parties.

 

 

 

 

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