N. P. MURUGESAN v. C. KRISHNAMURTHY

Supreme Court of India · 04 Jul 2018
Kurian Joseph; Sanjay Kishan Kaul
CRIMINAL APPEAL NO. 818/2018
criminal appeal_allowed

AI Summary

The Supreme Court set aside the conviction under Section 138 of the Negotiable Instruments Act after the cheque amount was paid and acknowledged, allowing the appeal subject to payment of costs.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 818/2018
(ARISING FROM SLP (CRL.) NO(S).4443/2018)
N. P. MURUGESAN APPELLANT(S)
VERSUS
C. KRISHNAMURTHY RESPONDENT(S)
JUDGMENT
KURIAN, J.
Leave granted.

2. The appellant is before this Court aggrieved by the conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881.

3. Today, when the matter came up before this Court, we are informed that the cheque amount has already been paid and it is acknowledged by the respondent.

4. In the peculiar facts and circumstances of this case, we are of the view that for doing complete justice the whole litigation should be given a quietus, subject to appropriate terms.

5. Accordingly, we set aside the conviction and sentence imposed on the appellant and allow the appeal. The appellant is directed to pay Rs.10,000/- (Rupees Ten Thousand only), as costs, to the Mediation Centre attached to the High Court of Madras at Chennai, within four weeks.

6. Pending application(s), if any, shall stand disposed of ........................ J. [KURIAN JOSEPH] ....................... J. [SANJAY KISHAN KAUL] NEW DELHI; JULY 04, 2018.