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2021 (11) TMI 451 - HC - Indian LawsDishonor of Cheque - service of legal notice - amicable settlement entered into - compounding of offences - guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act - HELD THAT:- Complainant on oath states that since he has received ₹ 2,25,000/- in cash and accused has agreed for release of ₹ 75,000/- lying deposited with the learned trial Court, in his favour, as such, he shall have no objection, in case the accused is acquitted of the charges framed against him under Section 138 of the Act. Complainant further states that he has come to the court to make statement, of his own volition and without there being any external pressure. His statement is taken on record. Since the parties to lis have already resolved to settle the dispute inter se them amicably and in terms of compromise between them, ₹ 2,25,000/- has been received by complainant and remaining amount of ₹ 75,000/- has been agreed to be released in his favour by the accused, this court sees no impediment in accepting the prayer made in the present petition, for compounding of the offence, while exercising power under S. 147 of the Act as well as guidelines laid down by Hon'ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], whereby it has been held that court while exercising power under S. 147 can proceed to compound offence even in those cases, where accused stands convicted. Judgments/order of conviction and sentence passed by both the learned Courts below are quashed and set aside and accused is acquitted of the charges framed against him under S. 138 of the Act. Bonds furnished by the accused are discharged - Revision allowed.
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