Supreme Court of India · 1972-10-13
RAMESHCHANDRA J, THAKKAR vs A. P. JHAVERI & ANR.
- Citation / case number
- SC 1972/60349
- Court
- Supreme Court of India
- Petitioner
- RAMESHCHANDRA J, THAKKAR
- Respondent
- A. P. JHAVERI & ANR.
- Bench
- KHANNA, HANS RAJ
Judgment text excerpt
The Supreme Court held that the acquittal of the appellant under Section 420 IPC and Section 13 of the Maharashtra Ownership of Flats Act, 1963, was invalid as the offence under Section 13 was not compoundable. The Court ruled that an acquittal based on invalid compounding is liable to be set aside, affirming the High Court's decision to reverse the acquittal. The Court clarified that the High Court's suo motu action in setting aside the acquittal was procedurally sound, as it acted within its revision powers under the Code of Criminal Procedure, 1898, Section 439.