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2022 (5) TMI 574 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - compromise has been entered into between the parties and the entire dispute has been finally resolved - compounding of offences - HELD THAT:- From the facts, it is apparent that both the contesting parties are ad idem that the compromise has been effected between the parties without any pressure, threat or undue influence and the terms of the said compromise have been duly complied with. The compromise would go a long way in maintaining the peace and harmony between the parties and thus, a prayer has been made to the Court for compounding the offence in terms of Section 147 of the Act. Since the offence relating to dishonour of cheque has a compensatory profile and is required to have precedence over punitive mechanism, therefore, the present revision petition deserves to be allowed. In the present case, the petitioner was stated to be running a Tent house and on account of COVID-19 pandemic, his business had completely finished and it is the case of the petitioner that his family had to sell their tables and chairs so as to collect money to pay the complainant so as to compromise the matter with him. The fact that the complainant has agreed to finally settle the matter for an amount of Rs.2,60,000/- with respect to all the three cheques i.e. for Rs.1,25,000/-, Rs.70,000/-and for Rs.1,20,000/-, for a total amount of Rs.2,60,000/-, also shows that the financial position of the petitioner is not in a good State. It is settled law that this Court has the power to set aside the judgment of conviction against the petitioner on the basis of a valid compromise. The compromise in the present case is genuine and valid. The present criminal revision petition is allowed.
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