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july 2024

Supreme Court of India · 2024-07-23

A.S. Pharma Pvt Ltd vs Nayati Medical Pvt Ltd

Citation / case number
2024 INSC 690
Court
Supreme Court of India
Petitioner
A.S. Pharma Pvt Ltd
Respondent
Nayati Medical Pvt Ltd
Author
C.T. Ravikumar
Bench
Sanjay Karol, C.T. Ravikumar

Judgment text excerpt

The High Court of Delhi held that the offence under Section 138 of the Negotiable Instruments Act, 1881 is compoundable under Section 147 of the Act, despite the Trial Court's dismissal of the application for compounding under Section 320 of the Code of Criminal Procedure, 1973. The Court exercised its inherent power under Section 482 Cr.P.C. to allow compounding, emphasizing that the consent of the complainant is not a prerequisite for compounding under Section 147. The High Court ordered the compounding of the offence upon the respondents depositing the requisite amount, thereby quashing the proceedings in Complaint Case No. 5564 of 2022.

A.S. Pharma Pvt Ltd vs Nayati Medical Pvt Ltd · Niyam