V.S.YADAV Vs. REENA

JUDGEMENT

(1.) The appellant before this Court filed a complaint under Section 138 of the Negotiable Instruments Act (for short 'N.I. Act) against the respondent on the allegations that she and her husband had taken a friendly loan of Rs.2,25,000/- from him and the respondent had issued three cheques for a total sum of Rs.2,25,000/- towards re-payment of the aforesaid friendly loan which, when presented to the bank were dishonoured for want of funds and the respondent failed to make payment even after service of legal notice upon her. Vide impugned judgment dated 27.1.2010, the learned Metropolitan Magistrate acquitted the respondent. Being aggrieved, the complainant has filed this appeal.

(2.) Vide order dated 21.9.2010, my learned predecessor held that the respondent had committed offence punishable under Section 138 of the N.I. Act and, therefore, set aside the impugned judgment. The matter was listed for hearing the respondent on the quantum of sentence on 22.9.2010. Thereafter, the parties to the appeal compromised the matter and in view of the said compromise, hearing on the quantum of sentence was deferred. The issue which then arose was whether after conviction by this Court vide order dated 21.9.2010, the respondent could compound the offence and whether pursuant to such compounding, she can be acquitted of the charge against her.

(3.) Vide order dated 18.4.2013, Shri Avninder Singh, Advocate was appointed as Amicus Curiae to assist the Court in this matter. The written synopsis were then filed on behalf of both the parties.