www.expressindia.com - Weather | Horoscope | Stocks | RSS
expressindia web city
HomeBlogsCricketAstrology TendersClassifieds Reader Comments Hotels
Sign In / Register | Archive
Expressindia » Story

Cheque bounce case is compoundable offence: SC

Font Size

Agencies

Posted: Dec 09, 2007 at 0000 hrs IST

New Delhi, December 9: An accused in a cheque bounce case can escape conviction by settling the dispute and paying the compounding fee, the Supreme Court has said.

Interpreting Section 147 of the Negotiable Instruments Act, the apex court said every offence committed under the Act was compoundable.

The apex court noted that there has been conflicting judgements from High Court as to whether an offence relating to bouncing of cheque was compoundable.

While some High Courts had held that the offence was not compoundable, others took the view that it was compoundable, provided the parties to the dispute reached an amicable settlement.

However, the apex court pointed out that Section 147 gave the liberty for an accused to escape conviction by paying the compounding fee.

The apex court passed the ruling while allowing the appeal filed by Vinay Devanna Nayak charged with issuing a cheque for Rs 24,000 that had bounced at the bank.

He was convicted to six months imprisonment by a trial court in Karnataka which noted that the accused failed to pay the amount despite issuance of a notice.

Nayak was further ordered to pay a compensation of Rs 48,000 to the complainant Ryot Seva Shakhari Bank. But on an appeal, the appellate court reduced the amount of compensation to Rs 33,000, following which he moved the Karnataka High Court.

Discuss this story on expressindia forums
Post Comments
Name* Email ID*
Subject* Country*
Message*
Characters remaining
 
TERMS OF USE: The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any person (s) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s).
I agree to the terms of use.
Accused NBW absconding to receive it by B.RAMACHANDER RAO on 22 Sep 2010

What next suggested police to trace him to serve NBWarrant even he had gone to State Commission or High Court and can't escape from Law?

Latest News

Business

Showbiz

Sports

CWG scam: Delhi HC grants bail to Games chief Suresh Kalmadi

Rushdie goes silent on Twitter, no hints about his India visit

Orissa Dalit gangrape: Charged with sheltering accused, agriculture minister resigns...

'Martin Luther King was shocked after being called untouchable in India'

NRHM scam: CBI raids 40 locations, files 3 new cases

Narendra Modi's 'pranks' sparked 'constitutional mini-crisis': Judge

Stuck in door, man dragged by train to next Metro station

More
© 2011 The Indian Express Limited. All rights reserved
Advertise With Us | Privacy Policy | Feedback | Express Group | Site Map