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2021 (1) TMI 133 - HC - Indian LawsDishonor of Cheque - initiation of proceedings under section 138 of Negotiable Instruments Act - prayer for compounding of offence - parties have amicably settled the matter inter se them and entire compensation amount paid - HELD THAT:- Since both the parties have resolved to settle their dispute amicably interse them and entire compensation amount awarded by the learned trial Court stands paid to the petitioner, this Court sees no impediment in accepting the prayer for compounding the offence while exercising power under section 147 of the Negotiable Instruments Act - Hon'ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], 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. The 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 her under Section 138 of the Act. The bail bonds of the accused are ordered to be discharged. Petition disposed off.
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