New Delhi: The Supreme Court has held that a
convict or accused in a cheque bounce case can be let off if
the complainant agrees for a compromise.
A bench of Justices Altamas Kabir and Cyriac Joseph said
the offence can be made compoundable even after a person is
convicted by invoking Section 147 of the Negotiable
Instruments Act or under Section 320(8) of the CrPC.
Interpreting Sub-Section (8) of Section 320 CrPC, the
apex court said "the legislature has taken one step further
in vesting jurisdiction in the court to also acquit the
accused/convict of the offence on the same being allowed to be
compounded.
"In as much as it is with a similar object in mind that
Section 147 has been inserted into the Negotiable Instruments
Act, 1881, by amendment, an analogy may be drawn as to the
intention of the legislature as expressed in Section
320(8) Cr.P.C., although, the same has not been expressly
mentioned in the amended section to a proceeding under Section
147 of the aforesaid Act," the apex court said.
The apex court passed the ruling while upholding the
appeal filed by K M Ibrahim who was convicted and sentenced to
one year imprisonment besides a fine Rs.1,05,000.
The high court had upheld the conviction and the accused
moved the apex court. But during the pendency of the appeal,
he reached a compromise with complainant K.P. Mohammed and
sought quashing of the criminal case and his conviction.
-PTI
First Published: Friday, December 04, 2009, 00:27