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2023 (9) TMI 346 - HC - Indian LawsDishonour of Cheque - compounding of offences - petitioner-accused acquitted of the charge framed against her under Section 138 of the NI Act - HELD THAT:- Having taken note of the fact that out of Rs.4,00,000/-, which is the entire amount of compensation awarded by the learned Trial Court, the complainant- respondent has already received Rs.3,33,000/- and balance amount has been deposited by the petitioner-accused before the learned Trial Court and the complainant has no objection in compounding the offence, therefore, this Court sees no impediment in accepting the prayer made on behalf of the accused-petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon'ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], wherein the Hon'ble Apex Court has held since Section 147 was inserted by way of an amendment to a special law, the same will override the effect of Section 320(9) of the CrPC, especially keeping in mind that Section 147 carries a non obstante clause. In K. SUBRAMANIAN VERSUS R. RAJATHI REP. BY P.O.A.P. KALIAPPAN [2009 (11) TMI 1013 - SUPREME COURT], it has been held by the Hon'ble Apex Court that in view of the provisions contained in Section 147 of the Act read with Section 320 of Cr.P.C., compromise arrived at can be accepted even after recording of the judgment of conviction. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, out of awarded compensation amount of Rs.4,00,000/-, has already paid Rs.3,33,000/- to the complainant-respondent and deposited balance amount of Rs.67,000/- before the learned Trial Court, which the complainant-respondent may get released, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon'ble Apex Court - in view of the detailed discussion made hereinabove as well as law laid down by the Hon'ble Apex Court, the parties are permitted to get the matter compounded in light of the compromise arrived inter se them. The present matter is ordered to be compounded and the impugned judgment of conviction and order of sentence passed by the learned Judicial Magistrate 1st Class, Court No. 7, Shimla, H.P., in Case No. 37-3 of 2014, and affirmed by learned Additional Sessions Judge-I, Shimla, H.P., vide judgment dated 30.04.2022, in Criminal Appeal No. 4-S/10 of 2019, are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against her under Section 138 of the Act. Bail bonds, if any, stand discharged. Petition disposed off.
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