2022 (11) TMI 853 - HC - Indian Laws
Dishonor of Cheque - compounding of offence punishable u/s 138 of NI Act - whether after upholding the judgment of conviction and order of sentence passed by learned court below, can this Court proceed to compound the offence or not? - doctrine of merger - HELD THAT:- This Court in GULAB SINGH SHANDIL VERSUS VIDYA SAGAR SHARMA [2017 (3) TMI 1891 - HIMACHAL PRADESH HIGH COURT], while relying upon judgment of Hon'ble Apex Court as well as other Constitutional Courts has already held that court, while exercising power under Section 147 of Act can proceed to compound offence even in those cases, where accused stands convicted.
Since in the case at hand, it is not in dispute that after passing of judgment dated 15.03.2022, parties have entered into the compromise, whereby entire amount of compensation awarded by learned court below has been paid by the petitioner-accused to the respondent-complainant, this Court while exercising power under Section 147 of the Act can proceed to compound the offence.
This court finds no impediment in accepting the prayer made on behalf of the petitioneraccused through instant petition for compounding of the offence and same is allowed - Petition allowed.