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2021 (11) TMI 724 - HIMACHAL PRADESH HIGH COURTDishonor of Cheque - insufficiency of funds - acquittal of the accused - compounding of offences - HELD THAT:- Having taken note of the fact that entire amount of compensation stands deposited with the trial Court and accused has no objection in releasing the same in favour of the complainant, this Court finds no impediment in accepting the prayer made in the application while exercising power under section 147 of the Act as well as in terms of the law laid down by the Hon'ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], whereby it has been categorically held that Court exercising power under Section 147 of the Act can proceed to compound the offences even in those cases where accused stands convicted. The instant matter is ordered to be compounded and judgment dated 5.4.2021 passed by learned Sessions Judge, Shimla, in Criminal Appeal No. 51-S/10 of 2018 and the judgment of conviction and order of sentence dated 24.11.2018, passed by learned Judicial Magistrate, 1st Class, Court No. 5, Shimla, District Shimla, H.P., in case No. 183-3 of 2014, 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.
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