A SREEKANTAN NAIR Vs. P VALSARAJAN

JUDGEMENT

(1.) TODAY a joint memo of compromise signed by the accused as well as the appellant has been produced in Court in pursuance of the non bailable warrant issued by this court after finding that the respondent/accused is guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and is liable for punishment, by judgment dated 15. 6. 2006.

(2.) THE respondent/accused has been produced by the Police and the complainant is also present in court. In the Joint Memo of Compromise it is stated that the entire cheque amount of Rs. 50,000/= has been paid by the respondent/accused on 29. 6. 2006. Since the liability under the cheque has been discharged, it is a mitigating circumstance in the matter of awarding punishment.

(3.) IN a similar nature of dispute under Section 138 of the Negotiable Instruments Act, which ended in compromise, (Sayeed Ishaque Memon Vs. Ansari Nazeer Ahamed and another, reported in 2006 (I) SCC (Cri) 533), the Hon'ble Supreme Court has held as follows:-