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2018 (10) TMI 664 - HC - Indian LawsDishonor of Cheque - settlement of liability - offence under Section 138 of the Negotiable Instruments Act - validity of criminal proceedings - Held that:- In the present case, it is only a money transaction and the complainant has also received the amount from the petitioner/ fifth accused and in this regard a memo of compromise has also been jointly filed by the petitioner and complainant. Therefore, the complainant's interest lies primarily in recovering the money rather than seeking the drawer of the cheque in jail - Further Section 147 of the Negotiable Instruments Act also empowers this Court to compound the offence under section 138 of the Negotiable Instruments Act. The conviction and sentence imposed on the revision petitioner/fifth accused Salem are set aside and this criminal revision is disposed of - revision disposed off.
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