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2009 (11) TMI 1013 - SC - Indian LawsDishonour of Cheque - insufficient funds - compounding of offence - cheques returned unpaid with remark "exceeding of arrangements'' - Petitioner has prayed to review and recall orderpassed by this Court dismissing SLP - Amount payable by the petitioner to the original complainant, i.e. the respondent herein, is already paid pursuant to the compromise between the parties and the petitioner be permitted to compound the offence. HELD THAT:- Having regard to the salutary provisions of Section 147 of NI Act r/w Section 320 of the CrPC, this Court is of the opinion that in view of the compromise arrived at between the parties, the petitioner should be permitted to compound the offence committed by him u/s 138 of the Code. Condonation of delay for 39 days caused in filing review application is allowed and delay is condoned. The Review Petition succeeds. The Order dated September 11, 2008 dismissing is recalled. The said SLP is restored on file with its original number. Affidavits sworn by petitioner on December 1, 2008 as well as affidavit sworn by P. Kaliappan power of attorney holder of R. Rajathi on December 1, 2008, as additional documents is allowed. The petitioner is permitted to compound the offence. The Order of conviction and sentence recorded by all the Courts are hereby set aside and petitioner is acquitted of the charge leveled against him. All the applications including Review Petition accordingly stand disposed of as also SLP (Crl.).
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