Supreme Court of India · 2017-10-05
M/S Meters And Instruments Private ... vs Kanchan Mehta
- Citation / case number
- AIR 2017 SUPREME COURT 4594
- Court
- Supreme Court of India
- Petitioner
- M/S Meters And Instruments Private ...
- Respondent
- Kanchan Mehta
- Author
- Adarsh Kumar Goel
- Bench
- Uday Umesh Lalit, Adarsh Kumar Goel
Judgment text excerpt
The Supreme Court addressed the issue of compounding offences under Section 138 of the Negotiable Instruments Act, 1881, holding that consent from the complainant is necessary for compounding, as established in JIK Industries Ltd. v. Amarlal Jumani (2012) 3 SCC 255. The Court emphasized that the legislative intent behind Section 138 is to enhance the acceptability of cheques and facilitate business transactions. The appeals were dismissed as the High Court's refusal to allow compounding was upheld, reinforcing the requirement of complainant consent for such proceedings.