Supreme Court of India
A.S. Pharma Pvt. Ltd. v. Nayati Medical Pvt. Ltd. & Ors.
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.
What the Court ordered
We are of the considered view that there is no point in restoring the proceedings and to permit their continuance before the trial Court, though we have set aside the impugned judgment to the extent it compounded the offence under Section 138, of the N.I. Act, invoking the power under Section 482, Cr.P.C., and Section 147, N.I. Act.
Judgment, page 12
From the headnote
Issue for Consideration High Court whether justified in exercising its inherent power under Section 482, Cr.P. and the power under Section 147, N.I. Act, 1881 to compound the offence u/s.138 of the Negotiable Instruments Act, 1881, despite the non-consent of the complainant-appellant. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Negotiable Instruments Act, 1881 – ss.138, 147 – Scope – Trial Court dismissed the application for compounding the offence u/s.138, N.I. Act filed u/s.320 Cr.P. . – High Court despite the absence of the consent of the appellant-complainant compounded the
Authorities it was built on
- 2010 Damodar S. Prabhu v. Sayed Babalal H.
- 2012 Jik Industries Limited & Ors. v. Amarlal V. Jumani and Another
- 2008 Dr. Monica Kumar & Anr. v. State of U. P. & Ors.
- 2017 M/s. Meters and Instruments Private Limited & Anr. v. Kanchan Mehta
- 1991 State of Punjab and Ors. v. Surinder Kumar and Ors.
- 2009 K.M. Ibrahim v. K.P. Mohammed and Anr.
- 2024 Raj Reddy Kallem v. The State of Haryana & Anr.
- 2021 In Re: Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 v..
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.