Issue
Reasoning
Decision
Sivasankaran
v.
State Of Kerala
(Supreme Court Of India)
Criminal Appeal No. 757 Of 2002 | 05-08-2002
B.N. KIRPAL, J.
(1). Special leave granted.
(2) In the instant case, the cheque issued by the appellant had been dishonoured. This led to filing of a complaint under Section 138 of the Negotiable Instruments Act and the appellant was sentenced to undergo simple imprisonment for six months.
(3) It has now been brought to our notice that a compromise has been arrived at between the parties as a result whereof a sum of Rs 45,000 has been paid by the appellant in full and final settlement and the same has been received by Respondent 2, namely, K.K. Chandran. In the receipt filed in this Court, it is stated that the said Chandran has no objection to the dismissal of the complaint or modification of the sentence imposed by the Court.
(4) After hearing the counsel for the parties, we modify the sentence and direct that instead of the appellant suffering imprisonment for six months a fine of Rs 1000 be imposed.
(5) This appeal is disposed of in the aforesaid terms.
(1). Special leave granted.
(2) In the instant case, the cheque issued by the appellant had been dishonoured. This led to filing of a complaint under Section 138 of the Negotiable Instruments Act and the appellant was sentenced to undergo simple imprisonment for six months.
(3) It has now been brought to our notice that a compromise has been arrived at between the parties as a result whereof a sum of Rs 45,000 has been paid by the appellant in full and final settlement and the same has been received by Respondent 2, namely, K.K. Chandran. In the receipt filed in this Court, it is stated that the said Chandran has no objection to the dismissal of the complaint or modification of the sentence imposed by the Court.
(4) After hearing the counsel for the parties, we modify the sentence and direct that instead of the appellant suffering imprisonment for six months a fine of Rs 1000 be imposed.
(5) This appeal is disposed of in the aforesaid terms.
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 B.N. KIRPAL
HON'BLE MR. JUSTICE K.G. BALAKRISHNAN
HON'BLE MR. JUSTICE ARIJIT PASAYAT
Eq Citation
2003 (2) ALLMR (SC) 759
(2002) 8 SCC 164
LQ/SC/2002/770
HeadNote
Negotiable Instruments Act, 1881 — S. 138 — Sentence — Compromise arrived at between parties — Sentence modified from imprisonment to fine
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