Supreme CourtDivision Bench

Chintapalli Sambasiva Rao vs Kukka Jagan Mohan Rao & Anr

Supreme Court Of India · Decided on 21 January 2019 · Citation: (2019) 01 SC CK 0290

HON’BLE JUDGES
L. Nageswara Rao J · Mohan M. Shantanagoudar, J
ACTS & SECTIONS REFERRED
Negotiable Instruments Act, 1881 — Section 138, 147
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 123 Of 2019
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Judgment

10 paragraphs · 217 words

Leave granted.

The Trial Court vide judgment and order dated 25.05.2015 convicted and sentenced the appellant to undergo simple imprisonment for a period of one year and to pay a fine of Rs.10,10,000/- and in default to suffer simple imprisonment for a period of three months.

The conviction and sentence of the appellant was upheld by the Appellate Court. The fine was modified by reducing the amount from Rs.10,10,000/- to Rs.10,000/-.

Aggrieved by the order of the Appellate Court, the appellant preferred a Criminal Revision Case in the High Court. The High Court by its judgment and order dismissed the Criminal Revision Case.

Aggrieved by the order of the High Court, the appellant is before us in this appeal.

An application has been filed by the appellant under Section 147 of the Negotiable Instruments Act, 1881 (for short 'the NI Act') for compounding of offence under Section 138 of the NI Act.

We are of the opinion that this application deserves to be allowed in the facts and circumstances of the case.

The parties have settled the matter and we see no reason to keep this matter pending. The application is allowed.

The conviction and sentence under Section 138 of the NI Act is set aside.

The criminal appeal is disposed of in view of the above.