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2017 (3) TMI 1865 - HC - Indian LawsDishonor of Cheque - discharge of legal liability or not - compromise between the parties have been arrived at - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- Both the contesting parties are ad idem that the compromise has been executed between them without there being any pressure, threat or undue influence and the same was witnessed by independent witnesses namely Gurtej Singh, Numberdar and Bhola Singh. The compromise would go in a long way to maintain peace and harmony between the parties. Indulgence of this Court is being sought for compounding the offence in terms of Section 147 of Negotiable Instruments Act, 1881 read with Section 320(6) Cr.P.C. - The offence relating to dishonour of cheque is having compensatory profile and it should be given precedence over punitive mechanism. The offence is almost a civil wrong which has been clothed in a criminal overtone. Therefore, priority should be given to compensatory mechanism. The compromise in question would serve as a everlasting tool in favour of the parties for which indulgence can be given by this Court. The revisional exercise would also be in consonance with the spirit of Section 147 of Negotiable Instruments Act. Revision petition allowed.
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