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2022 (5) TMI 70 - HC - Indian LawsDishonor of Cheque - Compounding of offences - It was contended that the matter has been amicably resolved between the petitioner and the complainant-respondent - Section 147 of the Negotiable Instruments Act - HELD THAT:- The issue regarding compounding under the Negotiable Instruments Act at the stage of appeal as well as revision has come before this court as well as before the Hon'ble Supreme Court and they have upheld that the powers under Section 147 of the Negotiable Instruments Act can be invoked at any stage of the proceedings i.e. at the stage of trial, appeal or at the revisional jurisdiction and that the courts should be liberal in exercising such powers. The offence is thus ordered to be compounded in light of the substantive statutory provision and judicial mandate. The judgment order declaring the petitioner as proclaimed person passed by the Additional Sessions Judge, Gurugram and the judgment of conviction and order of sentence passed by the Judicial Magistrate First Class, Gurugram are accordingly set aside - the petitioner shall be released on bail subject to his involvement, if any, in any other case, upon payment of cost of Rs. 10,000/- to be deposited by the petitioner with the “District Legal Services Authority, Gurugram” within one month from the date of receipt of certified copy of this order. Petition allowed.
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