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2017 (12) TMI 1837 - HC - Indian LawsDishonor of Cheque - parties to the lis failed to amicably settle the matter inter se the parties, despite sufficient opportunities having been afforded to them during the pendency of revision - doctrine of merger - HELD THAT:- The Hon’ble Apex Court in the case of K. SUBRAMANIAN VERSUS R. RAJATHI REP. BY P.O.A.P. KALIAPPAN [2009 (11) TMI 1013 - SUPREME COURT] has categorically held that in view of the provisions contained under Section 147 of the Act, read with Section 320 of Cr.P.C, compromise arrived inter se the parties, can be accepted and offence committed under Section 138 of the Act, can be ordered to be compounded. Maintainability of present review petition - doctrine of merger - HELD THAT:- The doctrine of merger does not apply in the case of dismissal of special leave petition. In the case at hand, special leave to appeal having been filed by the petitioner/applicant has been dismissed as withdrawn by nonspeaking order and as such, does not result in the merger of impugned order in the order of the Hon’ble Supreme Court. This Court holds that review petition filed after dismissal of Special Leave Petition, praying therein for recalling/modification of judgment dated 10.3.2017, passed by this Court in Criminal Revision No.394 of 2015, is maintainable and as such, parties are permitted to get the matter compounded in the light of the compromise arrived inter se them.
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