9911796707
TMI Blog2009 (11) TMI 1013X X X X Extracts X X X X X X X X Extracts X X X X ..... Having regard to the salutary provisions of Section 147 of NI Act r/w Section 320 of the CrPC, this Court is of the opinion that in view of the compromise arrived at between the parties, the petitioner should be permitted to compound the offence committed by him u/s 138 of the Code. Condonation of delay for 39 days caused in filing review application is allowed and delay is condoned. The Review Petition succeeds. The Order dated September 11, 2008 dismissing is recalled. The said SLP is restored on file with its original number. Affidavits sworn by petitioner on December 1, 2008 as well as affidavit sworn by P. Kaliappan power of attorney holder of R. Rajathi on December 1, 2008, as additional documents is allowed. The petitioner is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #8377; 4,52,289/- as additional documents. 2. This Court has heard the learned Counsel for the petitioner and considered the documents forming part of S.L.P. (Crl) No. 6974 of 2008 and this application. 3. From the record, it is evident that the petitioner purchased yarn from Dharani. A. Traders of R. Rajathi, on credit basis. The petitioner had to pay a sum of ₹ 4,52,289/- to R. Rajathi. In discharge of his debt, the petitioner issued three cheques each dated March 7, 2003 for a sum of ₹ 1,51,600/-, ₹ 1,17,302/- and ₹ 1,83,360/- respectively. The respondent presented the cheques in bank for realisation on March 7, 2003, but they were returned unpaid with remark exceeding of arrangements''. 4. The r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposed on him by the Trial Court and confirmed by Sessions Court, High Court as well as by this Court. The two affidavits sought to be produced by petitioner as additional documents would indicate that indeed a compromise has taken place between petitioner and the respondent and the respondent has accepted the compromise offered by petitioner pursuant to which he has received a sum of ₹ 4,52,289/-. In the affidavit filed by the respondent a prayer is made to permit the petitioner to compound the offence and close the proceedings. 6. Having regard to the salutary provisions of Section 147 of Negotiable Instruments Act read with Section 320 of the Code of Criminal Procedure, this Court is of the opinion that in view of the compromis ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
