NATURE OF OFFENCE UNDER SECTION 138 PRIMARILY RELATED TO A CIVIL WRONG AND THE 2002 AMENDMENT SPECIFICALLY MADE IT COMPOUNDABLE.TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 1 February, 2023 stating nature of offence under Section 138 primarily related to a civil wrong and the 2002 amendment specifically made it compoundable.. It was stated in the case of B V Seshaiah vs The State Of Telangana(Criminal Appeal No. 7033 OF 2023 ) which was passed by the division judge bench comprising of Hon’ble Justice Krishna Murari, Hon’ble Justice B.V. Nagarathna
FACTS OF THE CASE:
The present Appeals have been filed by the Appellants herein against the impugned order and judgment dated 17.04.2018 passed by the High Court Of Judicature at Hyderabad.On a private complaint initiated by the Respondent No.2, proceedings under Section 138 of the Negotiable Instruments Act, 1881 were initiated against the Appellants herein. These proceedings led to the conviction of the Appellants by the trial court.
JUDGEMENT OF THE CASE
The case of the parties entering into an agreement and compounding the offence to save themselves from the process of litigation. When such a step has been taken by the parties, and the law very clearly allows them to do the same, the High Court then cannot override such compounding and impose its will. It must also be noted that the Respondent was duty bound to file a compromise petition before the High Court, and by not doing the same has withdrawn key information from the High Court, which has led to an unwarranted confirmation of the Appellants’ conviction.However, kept open to the parties to settle their dispute as per the terms of the Memorandum Of Understanding.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.