2022 (6) TMI 156 - Indian Laws

Head Note / Extract:
Dishonor of Cheque - compromise arrived at between the parties - acquittal of the accused - framing of charges - section 147 of Negotiable Instruments Act - HELD THAT:- Having taken note of the fact that both the parties have compromised the matter and in terms of the compromise substantial amount of Rs.2,50,000/- , out of Rs.3,50,000/- has been paid to the complainant/respondent and petitioner-accused has given undertaking to make the remaining payment within a period of one week, this Court sees no impediment in accepting the prayer made on behalf of the petitioner-accused for compounding the offence 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 v. 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 21.03.2022, passed by learned Additional Sessions Judge, Sirmaur, District are quashed and set-aside. The petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act - petition allowed.