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2018 DIGILAW 1329 (SC)

A. J. Asana v. Sittrarasu

2018-08-17

K.M.JOSEPH, NAVIN SINHA, RANJAN GOGOI

body2018
JUDGMENT 1. We have heard the learned counsels for the parties. 2. Leave granted. 3. The accused appellant has been convicted under section 138 of the Negotiable Instruments Act, 1881 and has been sentenced to undergo simple imprisonment for three (03) months and also to pay a fine of Rs. 1,00,000/- (Rupees one lakh). Aggrieved by the affirmation of the said order by the High Court the present appeal has been filed. 4. During the pendency of the present appeal parties have settled the matter. The compromise deed including the terms have been laid before the Court. The respondent -complainant by an affidavit dated 30th March, 2017 has stated that he has received the entire cheque amount. Learned counsel for the respondent submits the respondent does not entertain any grievance and he has no objection if the application for compounding is allowed. 5. Having considered the matter and having taken into account the facts stated above we allow the prayer for compounding the offence for which the accused appellant has been found guilty. 6. Consequently and in the light of the above, the conviction and sentence of the accused appellant under section 138 of the Negotiable Instruments Act, 1881 is set aside and the appeal is allowed in the above terms.