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.