Issue
Facts
Reasoning
Decision
Cochin Hotels Co. (p) Ltd. & Others
v.
Kairali Granites & Others
(Supreme Court Of India)
Criminal Appeal No. 222-23 Of 2005 | 04-02-2005
Per D. M. DHARMADHIKARI, J.
1. Leave granted.
2. Heard learned Counsel for the parties.
3. The appellants have been convicted by all the three Courts under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to three months‘ simple imprisonment and Rs.5,000/- as fine. The accused/appellants have surrendered and it is stated that the offence has been compounded by paying the entire dues to the complainant. An application jointly signed has also been filed seeking permission to compound the offence. Section 147 of the Negotiable Instruments Act, as amended, makes the offence compoundable and we find no ground to reject the prayer for compounding the offence.
4. In the circumstances, we allow these appeals and permit the compounding of offence by setting aside the sentence of imprisonment but in the circumstances we shall maintain the sentence of fine. The appeals are accordingly allowed.
5. As we have allowed the compounding of offence, the applicants shall be released forthwith.
1. Leave granted.
2. Heard learned Counsel for the parties.
3. The appellants have been convicted by all the three Courts under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to three months‘ simple imprisonment and Rs.5,000/- as fine. The accused/appellants have surrendered and it is stated that the offence has been compounded by paying the entire dues to the complainant. An application jointly signed has also been filed seeking permission to compound the offence. Section 147 of the Negotiable Instruments Act, as amended, makes the offence compoundable and we find no ground to reject the prayer for compounding the offence.
4. In the circumstances, we allow these appeals and permit the compounding of offence by setting aside the sentence of imprisonment but in the circumstances we shall maintain the sentence of fine. The appeals are accordingly allowed.
5. As we have allowed the compounding of offence, the applicants shall be released forthwith.
Advocates List
For the Appearing Parties --------
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE D.M. DHARMADHIKARI
HON'BLE MR. JUSTICE B.N. SRIKRISHNA
Eq Citation
2005 (16) CRIMINALCC 863
(2005) 12 SCC 234
2006 (2) OLR (SC) 74
2006 (2) RCR (CRIMINAL) 333
(2007) 1 MLJ (CRL) 383
LQ/SC/2005/145
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