Supreme Court - Daily Orders
A.J. Asana vs Sittrarasu on 17 August, 2018
Bench: Ranjan Gogoi, Navin Sinha, K.M. Joseph
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1033 OF 2018
[ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL)
NO.907/2017]
A.J. ASANA ...APPELLANT(S)
VERSUS
SITTRARASU ...RESPONDENT(S)
ORDER
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 Signature Not Verified affidavit dated 30th March, 2017 has stated that he Digitally signed by VINOD LAKHINA Date: 2018.08.20 has received the entire cheque amount. Learned 17:38:15 IST Reason:
2
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.
....................,J.
(RANJAN GOGOI) ...................,J.
(NAVIN SINHA) ...................,J.
(K.M. JOSEPH)
NEW DELHI
AUGUST 17, 2018
3
ITEM NO.40 COURT NO.2 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 907/2017 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 19-09-2016 IN CRLRC NO. 744/2016 PASSED BY THE HIGH COURT OF JUDICATURE AT MADRAS) A.J. ASANA PETITIONER(S) VERSUS SITTRARASU RESPONDENT(S) Date : 17-08-2018 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. G. Balaji, AOR Ms. Shiva Vijaya Kumar, Adv.
For Respondent(s) Mr. Mukesh Kumar Singh, Adv.
Ms. Vani Vyas, Adv.
Mr. Mohit Kaushik, Adv.
Mr. Abhishek Tripathi, Adv.
Mr. Shantanu J., Adv.
Ms. Amita, Adv.
Mr. L. Nidhiram Sharma, Adv.
Mr. Purushottam Sharma Tripathi, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]