Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (12) TMI 60 - HC - Indian LawsDishonor of Cheque - offence punishable under Section 138 of the Negotiable Instruments Act - accused stated that part amount was deposited before learned trial Court, whereas remaining amount as awarded by learned trial Court stands paid - compounding of matter - HELD THAT:- When entire compensation amount has bee agreed to be paid to the complainant, this Court sees no impediment in accepting the prayer made in the instant petition especially in view of power vested in this Court under S.147 of the Act and guidelines laid down by Hon'ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT] - Needless to say, Hon'ble Apex Court in judgment (supra) has categorically held that power under S.147 of the Act ibid can be exercised even in those cases, where accused stands convicted. Impugned judgments/order of conviction and sentence passed by both the learned Courts below are quashed and set aside. Petitioner is acquitted of the offence punishable under S.138 of the Act ibid - Petition allowed.
|