A. T. SIVAPERUMAL versus MOHAMMED HYATH (D) BY LRS.

A. T. SIVAPERUMAL versus MOHAMMED HYATH (D) BY LRS.

In light of amicable settlement between the parties for a sum of Rs.6,00,000 (including Rs.3,00,000 already deposited), the conviction under Section 138 of Negotiable Instruments Act was set aside and the appellant acquitted.

Parties
Appellant: A. T. Sivaperumal; Respondent: Mohammed Hyath (D) by LRs.
Jurisdiction
India
Judgment Date
27 March 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction by High Court
Outcome
Appeal allowed; conviction set aside; appellant acquitted under Section 138 of Negotiable Instruments Act.
Legal Topics
Negotiable Instruments Act, Cheque Bounce, Acquittal, Settlement
Criminal Law Negotiable Instruments Act Cheque Bounce Acquittal Settlement

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Parties

A. T. Sivaperumal

Appellant

Mohammed Hyath (D) by LRs.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction by High Court

Legal Issues

  1. 1 Whether conviction under Section 138 of Negotiable Instruments Act is sustainable after settlement between parties.

Ratio Decidendi

In light of amicable settlement between the parties for a sum of Rs.6,00,000 (including Rs.3,00,000 already deposited), the conviction under Section 138 of Negotiable Instruments Act was set aside and the appellant acquitted.

Court Disposition

Appeal allowed; conviction set aside; appellant acquitted under Section 138 of Negotiable Instruments Act.

Orders

  • Impugned judgment of High Court set aside.
  • Respondents permitted to withdraw Rs.3,00,000 deposited before Trial Court, with accrued interest, upon application.