Calcutta High Court has held that part payment may be taken into consideration at that time of imposing a sentence, if any.
A bench of Justice Sengupta has passed the order in the case titled as Rajesh Agarwal Versus The State of West Bengal on 13.09.2019.
In a company matter there was some settlement between the parties which was considered by the Supreme Court. Some part payment was made in terms of the settlement. However,, the court trying the offence under Section 138 NI Act refused to drop the proceedings and therefore, the matter reached the High Court at the instance of accused.
High Court observed "From a careful perusal of the order passed by the Hon’ble Apex Court, it is quite evident that same was passed in respect of the claims of the litigating parties vis-a-vis’ a winding up petition filed by the petitioner. The order nowhere indicated that the proceeding under Sections 138 and 141 of the Negotiable Instruments Act were compounded".
High Court further observed "The compounding of an offence can happen only when the adverse parties agree to a settlement. That has not been happened in the instant case. Even the entire purported due was not paid"
High Court also observed "It is settled law that if any part payment is made out of a total sum which is the alleged subject matter in a criminal case, the same does not wash away the offence in respect of it if the cause of action had already arisen. But, such part payment may be taken into consideration at that time of imposing a sentence, if any".
Read the Order here:
Picture Source :
