SUPREME COURT OF INDIA
DIVISION BENCH
B V SESHAIAH — Appellant
Vs.
THE STATE OF TELANGANA AND ANOTHER — Respondent
( Before : Krishna Murari and V. Ramasubramanian, JJ. )
Criminal Appeal No. of 2023 (Arising out of SLP(Crl.) No. 7099 of 2018) with Criminal Appeal No. of 2023 (Arising out of SLP(Crl) No. 7100 of 2018)
Decided on : 01-02-2023
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque – Compromise between parties – A very clear case of the parties entering into an agreement and compounding the offence to save themselves from the process of litigation – When such a step has been taken by the parties, and the law very clearly allows them to do the same, the High Court then cannot override such compounding and impose its will – Respondent No.2 was duty bound to file a compromise petition before the High Court, and by not doing the same has withdrawn key information from the High Court, which has led to an unwarranted confirmation of the Appellants’ conviction – Order of conviction is set aside – Appeal allowed.
