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2022 (4) TMI 353

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..... SINGH BEDI Mr. P.K. Hooda, Advocate for the petitioner. Mr. Surinder Singh Virk, Advocate for respondent No.1. Mr. Parveen Kumar Aggarwal, DAG, Haryana. ORDER JASJIT SINGH BEDI, J. The present revision petition has been filed against the order dated 01.06.2019 passed by the learned Sessions Judge, Panipat, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 16.12.2015 passed by the learned Sub Divisional Judicial Magistrate, Samalkha, has been dismissed. 2. The brief facts of the case are that the facts as alleged by the complainant-respondent No.1 is that he was engaged in the business of running a milk dairy and was an agriculturist. He also us .....

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..... rrowed from him but on request of the accused, he again presented the cheque after two months on 23.12.2010 but unfortunately, the cheque was dishonoured again with the remarks Insufficient Funds and Dormant Account . The complainant informed the accused who did not pay any heed of his request. Therefore, complainant served a legal notice upon the accused on 13.01.2011 through registered post. 3. Thereafter, a complaint under Section 138 of Negotiable Instruments Act, 1881, was filed, where the petitioner-accused was summoned to face the trial. The evidence was led and ultimately, he was held guilty and accordingly, convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo .....

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..... able Instruments Act read with Section 320 Cr.P.C. has been filed. This Hon ble Court in Ramesh Chander Vs. State of Haryana and another, 2007(1) RCR (Criminal) 245 held as under:- 4. As per the provisions of Section 147 of the Act, the offence under Section 138 is compoundable. Section 147 reads as under:- Offence to be compoundable- Notwithstanding anything contained in the Criminal Procedure Code, 1973(2 of 1974), every offence punishable under this Act shall be compoundable . 5. The compounding of the offence under Section 138can be done during the trial of the case as well as by the High Court or Court of Session while acting in the exercise of its power of revision under Section 401 Criminal Procedure Code Reference ma .....

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