M/S BHANGU TRADING COMPANY & ANR v. SURJIT SINGH THROUGH LRS

Supreme Court of India · 02 Jul 2018
Kurian Joseph; Sanjay Kishan Kaul
CRIMINAL APPEAL NO(S). 808-809/2018
criminal appeal_allowed Significant

AI Summary

The Supreme Court set aside the conviction under Section 138 of the Negotiable Instruments Act after the parties settled the cheque bounce dispute and the amount was paid.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 808-809/2018
(ARISING FROM SLP (CRL) NOS.4687-4688/2018)
M/S BHANGU TRADING COMPANY & ANR. APPELLANT(S)
VERSUS
SURJIT SINGH (DEAD) THROUGH LRS. RESPONDENT(S)
JUDGMENT
KURIAN, J.
Leave granted.

2. The appellants are before this Court aggrieved by the conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881. Learned counsel appearing for the original complainant, the respondent(s) herein, submits that subsequent to the judgment of the High Court the parties have settled their disputes and the cheque amount has been received.

3. In the peculiar facts and circumstances, we are of the view that since the parties have settled the disputes, to do complete justice, the disputes should be given a quietus, subject to appropriate terms.

4. Accordingly, these appeals are allowed and the conviction and sentence imposed on the appellant(s) is set aside. The appellant(s) are directed to pay an amount of Rs.10,000/- (Rupees Ten Thousand) as costs to the State Legal Services Authority, within a period of three weeks from today.

5. Pending applications, if any, shall stand disposed of ........................ J. [KURIAN JOSEPH] ....................... J. [SANJAY KISHAN KAUL] NEW DELHI; JULY 02, 2018.