The HC held that u/ss 397, 401, and 320 of CrPC read with ...

Court allowed compounding of cheque dishonour offence after conviction based on parties' consent terms.

December 21, 2024

Case Laws Indian Laws HC

The HC held that u/ss 397, 401, and 320 of CrPC read with Section 147 of the Negotiable Instruments Act, 1881, it can accept the consent terms filed by parties to compound the offence u/s 138 of the Act as a sequitur, even after conviction. The HC has discretion to exercise its revisional power along with Section 401 CrPC and inherent powers u/s 482 CrPC to take the compromise on record in compoundable matters u/s 147 of the Act. Parties' applications seeking compounding of the offence after conviction can be allowed, and the conviction set aside by accepting the consent terms.

View Source

← Previous Next →

The HC held that u/ss 397, 401, and 320 of CrPC read with ...

Court allowed compounding of cheque dishonour offence after conviction based on parties' consent terms.

December 21, 2024

Case Laws Indian Laws HC

You may also like:

The Punjab & Haryana High Court allowed the compounding of the offence u/s 138 N.I. Act between parties in a dishonour of cheque case. Citing precedent, the court held...

Dishonor of cheque - compounding of offences - The parties have agreed to end the proceedings by way of compromise and the opposite party no.2 has already received the...

The High Court allowed the compounding of the offence u/s 147 of the Act in a case involving the dishonour of a cheque. The petitioner-accused had already paid...

Dishonor of Cheque - The compromise would go a long way in maintaining the peace and harmony between the parties and thus, a prayer has been made to the Court for...

Dishonor of Cheque - compoundable offences or not - as the matter has been settled between the parties and the compensation amount has been paid to the complainant–Opp...

Dishonour of Cheque - conviction of accused - The High Court upheld the conviction under Section 138 of the Negotiable Instruments Act based on the evidence presented,...

Dishonour of Cheque - compounding of offences - amicable settlement arrived inter-se parties - whether this Court can quash the judgments of conviction and order of...

The petitioner-accused and the complainant-respondent settled the matter related to dishonor of cheque. The High Court accepted the prayer for compounding the offence...

Dishonor of Cheque - compounding of offences - Even though the parties have arrived at a settlement after the Appellate Court had upheld the conviction of the...

Dishonor of Cheque - insufficiency of funds - compounding of offences - Court while exercising power u/s 147 of the Act, can proceed to compound the offence even after...

Dishonor of Cheque - Section 147 of N.I. Act has made every offence punishable under the N.I. Act as compoundable. As such, there is no bar for the parties in the...

Dishonor of Cheque - legally enforceable debt or not - rebuttal of presumption - both the Trial Court and the Sessions Judge's Court without analyzing the evidence...

Dishonor of Cheque - amicable settlement of dispute - This is a very clear case of the parties entering into an agreement and compounding the offence to save themselves...

Dishonor of Cheque - Section 320 Cr.P.C. enumerates the manner in which the offences are to be compounded whereas Section 147 of the Act makes the offences under the Act...

Dishonor of Cheque - compounding of offence - Since in the case at hand, it is not in dispute that after passing of judgment dated 15.03.2022, parties have entered into...

Quick Updates: