Nambiram Veetil Pocker
v.
State Of Kerala
(Supreme Court Of India)
Criminal Appeal No. 852 Of 2002 | 19-08-2002
(1) Leave granted.
(2) It appears that the appellant has already entered into a compromise with the complainant and the complainant appearing through the learned advocate states, on instructions, that the entire money has been received and he has no objection if the conviction recorded stands set aside.
(3) We are, however, not impressed with the submissions that Section 138 of the Negotiable Instruments Act, 1881 be treated as compoundable offence, though, however, we feel it expedient to record that since the parties have amicably resolved the dispute and payment has already been made, sentence already undergone would be sufficient punishment for the offender. As such, the sentence is reduced to the period already undergone by the appellant. The appeal stands disposed of accordingly. His bail bonds shall stand discharged.
(2) It appears that the appellant has already entered into a compromise with the complainant and the complainant appearing through the learned advocate states, on instructions, that the entire money has been received and he has no objection if the conviction recorded stands set aside.
(3) We are, however, not impressed with the submissions that Section 138 of the Negotiable Instruments Act, 1881 be treated as compoundable offence, though, however, we feel it expedient to record that since the parties have amicably resolved the dispute and payment has already been made, sentence already undergone would be sufficient punishment for the offender. As such, the sentence is reduced to the period already undergone by the appellant. The appeal stands disposed of accordingly. His bail bonds shall stand discharged.
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 UMESH CHANDRA BENERJEE
HON'BLE MR. JUSTICE B.N. AGRAWAL
Eq Citation
(2003) 9 SCC 214
LQ/SC/2002/838
HeadNote
Negotiable Instruments Act, 1881 — S. 138 — Conviction under — Compromise between parties — Conviction set aside — Sentence reduced to period already undergone by appellant — Appeal disposed of accordingly — Bail bonds discharged accordingly
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