HC permitted compounding of offense under Section 138 of ...

Section 138 NI Act Conviction Quashed After Parties Reach Settlement Agreement; Court Orders Refund of Deposited Amount

February 5, 2025

Case Laws Indian Laws HC

HC permitted compounding of offense under Section 138 of Negotiable Instruments Act post-conviction based on parties' subsequent compromise. While acknowledging that inherent powers must be exercised sparingly, HC held that Section 147 of NI Act, containing non-obstante clause, allows compromise settlements despite contrary provisions in CrPC. Given the amicable settlement between parties, HC annulled the conviction and sentence, directing acquittal of accused. Court ordered refund of Rs.35,000/- deposited by Revision Petitioner with accrued interest within four weeks. The ruling emphasizes that special law (NI Act) prevails over general law (CrPC) regarding compromise settlements, even at post-conviction stage.

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HC permitted compounding of offense under Section 138 of ...

Section 138 NI Act Conviction Quashed After Parties Reach Settlement Agreement; Court Orders Refund of Deposited Amount

February 5, 2025

Case Laws Indian Laws HC

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