K. Gyansagar Vs. Ganesh Gupta & Another On 11 July, 2005

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K. Gyansagar v. Ganesh Gupta & Another

K. Gyansagar
v.
Ganesh Gupta & Another

(Supreme Court Of India)

Criminal Appeal No. 806 Of 2005 | 11-07-2005

1. Leave granted.

2. The accused and the complainant are represented through their Counsel. A joint application has been filed for compounding the offence under Section 147 of the Negotiable Instruments Act. In the application it is stated that the amount due has been paid. Necessary figures are disclosed in para 10 of the application for compounding the offence. The application is supported by affidavits of the accused as well as the complainant. Having regard to the facts and circumstances of the case we are of the view that the parties should be permitted to compound the offence since the parties state that nothing is outstanding from the appellant since the amount due has been paid in full.

3. We, therefore, permit the parties to compound the offence, and set aside the conviction and sentence of the appellant. The appeal is allowed.

Advocates List

For the Petitioner ------ For the Respondents ------

Bench List

HON'BLE MR. JUSTICE B.P. SINGH

HON'BLE MR. JUSTICE S.H. KAPADIA

Eq Citation

2005 (16) CRIMINALCC 984

(2005) 7 SCC 54

2006 ALLMR (CRI) 562

2 (2006) BC 592

2005 (2) BOMCR (CRI) 890

2006 CRILJ 948

(2005) SCC (CRI) 1593

2006 (1) WLC 676

LQ/SC/2005/670

HeadNote

NEGOTIABLE INSTRUMENTS ACT, 1881 — S. 147 — Compounding of offence — Parties stating that nothing is outstanding from appellant since amount due has been paid in full — Application for compounding of offence supported by affidavits of accused as well as complainant — Held, parties should be permitted to compound offence