Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (1) TMI 884 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - compounding of offences - petitioner accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act - HELD THAT:- This Court sees no impediment in accepting the prayer made on behalf of the learned counsel representing the petitioner that in view of the amicable settlement arrived inter se parties, this Court can proceed to compound the offence while exercising power under section 147 of the Negotiable Instruments Act and as per the guidelines framed by the Hon’ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT]. Hon’ble Apex Court in Damodar S. Prabhu case has categorically held that Court while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below. Instant matter is ordered to be compounded and judgments passed by learned Courts below are quashed and set-aside - The petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. The bail bonds of the accused are ordered to be discharged - petition disposed off.
|