Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2023 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (4) TMI 650 - HC - Indian LawsDishonour of Cheque - insufficient funds - discharge of legally enforceable debt or not - compounding of offence - section 147 of NI Act - whether this court can recall its judgment dated 23.11.2022 passed in Cr. Revision No. 228 of 2022, affirming judgment of conviction and order of sentence passed by learned Courts below? - HELD THAT:- This Court vide judgment passed in Gulab Singh v. Vidya Sagar Sharma [2017 (12) TMI 1837 - 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. In the case at hand, petitioner-accused has already handed over the amount ordered to be paid by the court below to the respondent-complainant, as has been stated by him in his statement taken on record and as such, this court, in terms of S.147 of the Act and guidelines framed by Hon’ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H. [2010 (5) TMI 380 - SUPREME COURT], can proceed to compound the offence. Application disposed off.
|