Supreme Court · 2009 INSC 1274 · Decided 2 December 2009
K.M. Ibrahim v. K.P. Mohammed and ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1274 · [2009] 15 S.C.R. 1300
- Case number
- CRIMINAL APPEAL No. 2281/2009
- Decided
- 2 December 2009
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 320(8), 320; Constitution Article 142, 320; NI Act Section 138, 147
Headnote
~ Negotiable Instruments Act, 1881 - ss.138 and 147: '. c Dishonour of cheque - Conviction of appellant u/s. 138 ..,, - Affirmed by High Court - Compromise between rarties - Application u/s. 147 for compounding of the offence u/s. 138 - Held: S. 147 does not bar the parties from compounding at the appellate stage of proceedings - D Analogy as to intention of Legislature as expressed in s.320(8) CrPC - Power under Article 142 of the Constitution to pass appropriate orders in line with s.320(8) CrPC in application under s. 147, in order to do justice to the parties - On facts,
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