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2018 (11) TMI 96 - HC - Indian LawsDishonor of cheque due to insufficiency of funds - Section 138 of the Negotiable Instruments Act - the petitioner was sentenced to undergo simple imprisonment for a period of nine months and to pay a compensation of ₹ 2,70,000/- to the complainant - whether the Court in such like cases can set aside the judgments of conviction and sentence where the petitioner has been charged under Section 138 of the Act? Held that:- Since, the petitioner has already paid the entire compensation amount, therefore, quashing of the complaint initiated at the instance of complainant/respondent No.1 would be a step towards securing the ends of justice and to prevent abuse of process of the Court, especially, when the petitioner is facing pangs and suffered agony of protracted trial and thereafter appeal/revision for the last more than three years and has deposited the entire compensation amount of ₹ 2,70,000/-. This is a fit case to exercise the powers not only under Sections 397, 401 and Section 482 of the Code, but even under Section 147 of the Act - the impugned substantive sentence of simple imprisonment imposed in this case shall stand modified and substituted in lieu of the amount of compensation of ₹ 2,70,000/- that stands already paid by the petitioner - learned trial Court is also directed to release the amount of ₹ 27,000/- deposited in this case by the petitioner to complainant /respondent No.1-Bank as per procedure. Petition disposed off.
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