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2019 (5) TMI 1940 - HC - Indian LawsDishonor of Cheque - compounding of offences - requirement of consent of both the parties - HELD THAT:- This question is no longer res integra in view of the judgment rendered by the Hon’ble Supreme Court in M/s. Meters and Instruments Private Limited and another versus Kanchan Mehta, [2017 (10) TMI 218 - SUPREME COURT] wherein after taking into consideration the entire law on the subject, the Hon’ble Supreme Court specifically held that even though compounding requires consent of both parties, however, in absence of such consent, the Court, in interests of justice, on being satisfied that the complainant has been duly compensated, can in its discretion close the proceedings and discharge the accused. The petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act - the amount of Rs.36,000/- lying in deposit before the learned trial Court is ordered to be released in favour of respondent No.1 on his furnishing his bank account before the concerned Court - revision petition allowed.
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