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2021 (12) TMI 280 - HC - Indian LawsDishonor of Cheque - guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act - HELD THAT:- Having taken note of the fact that entire amount of compensation stands received by the respondent-complainant and respondent has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon'ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], wherein it has been 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 petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act - present matter is ordered to be compounded and impugned judgments of conviction and sentence passed by the courts below are quashed and set-aside - petition disposed off.
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