Anish goyal (Advocate) 08 December 2009

New judgement on sec147 NI

K.M. Ibrahim Vs. K.P. Mohammed No.2281 of 2009 (Arising out of s.l.p. (crl.) No...9263 of 09 Crl.m.p.15423/2009) supreme court has held "It is true that the application under Section 147 of the Negotiable Instruments Act was made by the parties after the proceedings had been concluded before the Appellate Forum. However, Section 147 of the aforesaid Act does not bar the parties from compounding an offence under Section 138 even at the appellate stage of the proceedings. Accordingly, we find no reason to reject the application under Section 147 of the aforesaid Act"

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4 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 08 December 2009

Mr Anish, If I am right, it is the prevalent law and the Apex Court has re-affirmed the position. Once the case is compoundable, it can be compunded at any stage, including appeal.

Gundlapallis (Advocate) 09 December 2009

Mr. Ramesh said it right.

Adinath@Avinash Patil (advocate) 09 December 2009

MR. RAMESH IS RIGHT

Anish goyal (Advocate) 09 December 2009

Ramesh sir you r right this judgement has just reaffirmed the existing law. Sorry i have forgotten to mention that. I founded this judgement and shared it thought it will be helpful for the members.