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2022 (7) TMI 1113 - HC - Indian LawsDishonor of Cheque - compounding of the case - acquittal of the accused - framing of charges - Section 147 of the Negotiable Instruments Act - HELD THAT:- Section 138 of the Negotiable Instruments Act empowers the Court to award compensation in favour of complainant, which may extend to twice to amount of cheque. The maximum compensation has already been awarded by the trial Court. Therefore, the respondent stands adequately compensated in the matter. So far as imprisonment is concerned, in case of compounding the accused/petitioner is to be acquitted and in view of provision of Section 147 of the Negotiable Instruments Act, present case is compounded and complaint arising out of dishonor of cheque, under Section 138 of the Negotiable Instruments Act, is treated to be withdrawn and judgments of conviction and sentence passed by the Courts below are quashed and set aside. Petitioner-accused is acquitted of the accusation framed against him. Learned counsel for the petitioner submits that considering the ratio of law laid down by the Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT] as clarified by the Apex Court in MADHYA PRADESH STATE LEGAL SERVICES AUTHORITY VERSUS PRATEEK JAIN & ANOTHER [2014 (10) TMI 528 - SUPREME COURT], a lenient view be taken and the petitioner be exempted from payment of compounding fee. After depositing compounding fee, petitioner shall place a copy of receipt of deposit of compounding fee on record of this petition. In case of default in depositing compounding fee/cost with the H.P. State Legal Service Authority, Shimla within four weeks from today, the consequential action shall follow to recover the said amount as fine under Cr.P.C. - Petition stands disposed of.
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