Conviction u/s 138 of N.I. Act – Compromise after 10 years of litigation -- A sum of Rs.69 lakhs paid to the complainant -- Looking to the quantification of default amount, an additional sum of Rs. 5 lakhs ordered to be deposited by the petitioner with the Supreme Court Advocate-on-Record Advocates Welfare Fund within a period of two months.

(SC) Decided on: 18.10.2022

Cheque bounce case – Compromise after conviction -- In conformity with the settlement requisite payment accepted -- It does appear appropriate to accept the terms of settlement between the parties and allow the compounding of offence – Orders passed by the Appellate Court and the Trial Court are set aside.

(SC) Decided on: 05.07.2022

Setting aside of conviction and sentence -- As per settlement, the petitioner has paid a sum of Rs. 4 lacs against the disputed amount as full and final settlement -- When the parties have amicably settled their dispute, the conviction and sentence of the accused, u/s 138 of the N.I. Act, can be set aside -- Judgment of conviction and order of sentence as well as judgment passed by the lower appellate Court, are set aside.

(P&H HC) Decided on: 28.09.2018

Considering the fact that the parties have amicably settled their dispute before the Mediation and Conciliation Centre and no other litigation is pending between them, the permission granted to compound the offence under the provisions of Section 147 of the N.I. Act -- Judgment of conviction and order of sentence passed by the trial Court, as well as judgment passed by the lower appellate Court, are set aside.

(P&H HC) Decided on: 16.08.2018

Accused is acquitted from all the charges framed against him, in view of Section 320(6) of Cr.P.C., which provides that a High Court or Court of Session acting in the exercise of its powers of revision under Section 401 may allow any person to compound any offence which such person is competent to compound under this Section.

(P&H HC) Decided on : 16.01.2018

Amount of Rs.30,000/- paid to complainant in revision – Conviction order set aside and petitioner ordered to be released on deposit of 15% amount i.e. Rs.4500/- in Haryana State Legal Services Authority.

(P&H HC) Decided on: 23.02.2017

Compounding of offence after conviction -- Hon’ble Apex Court in Damodar S. Prabhu’s case 2010(2) RCR (Criminal) 851 has held that in a case of dishonour of cheques, compensatory aspect of the remedy should be given priority over the punitive aspect – As the matter has been finally settled and the liability is discharged and the petitioner has also deposited 15% of the cheque amount with the Punjab State Legal Services Authority, necessary permission to compound the offence u/s 138 of the Act is granted -- Conviction and order of sentence are set aside and the petitioner is acquitted of the charge levelled against him.

(P&H HC) Decided on: 16.03.2016