Supreme Court of India

Vinay Devanna Nayak v. Ryot Seva Sahakari Bank Ltd.

Neutral citation

Reported as [2007] 12 S.C.R. 1134

Bench C.K. Thakker J.

Decided 7 December 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons the appeal deserves to be allowed ( VINAYDEVANNANAYAK v.RYOTSEVASAHAKARI 1143 BANKLTD. [THAKKER,J.] and is accordingly allowed by holding that since the matter has been A compromised between the parties and the amount ofRs.45,000/-has been paid by the appellant towards full and final settlement to the respondent bank towards its dues, the appellant is entitled to acquittal.

Judgment, page 9

From the headnote

Negotiable Instruments Act, 1881; S. 38 and S. 147 (as inserted by amending Act 5512002-0.ffence u/s 138-Compounding of-Held: c Though technically provisions of s. 320 Cr PC do not apply to offences not covered by Penal Code, the fact as to compromise between the parties and payment of dues u/s 138 of the Act would be a relevant fact to allow compounding-In such matters normally compounding of offences should not be denied-Moreover, s. 147 also allows compounding ofoffencespunishable under the provisions of the Act- On facts, there exists no reason to refuse compromise between the parties as

Authorities it was built on

1960 Jestamani Gulabrai Dholkia and Others v. The Scindia Steam Navigation Comp Any, Bombay and Others cited by 4
2000 M/s. Cranex Ltd. and Anr. v. M/s. Nagarjuna Finance Ltd. and Anr. cited by 1

Where later benches applied it

2021 P. Mohanraj & Ors. v. M/s. Shah Brothers Ispat Pvt. Ltd. relied on
2017 M/s. Meters and Instruments Private Limited & Anr. v. Kanchan Mehta referred to
2016 Subramanian Swamy v. Union of India, Ministry of Law & Ors. referred to
2012 Aneeta Hada v. M/s. Godfather Travels & Tours Pvt. Ltd. referred to
2012 Jik Industries Limited & Ors. v. Amarlal V. Jumani and Another referred to
2010 Damodar S. Prabhu v. Sayed Babalal H. referred to

Of those, 1 relied on · 5 referred to

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