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2021 (4) TMI 30 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - compounding of offence under Negotiable Instruments Act - HELD THAT:- The law regarding compounding of offence under Negotiable Instruments Act is no more res integra and the offences under the said Act can be compounded at any stage of the proceedings. The Hon'ble Supreme Court in the case of K. M. Ibrahim vs. K.P. Mohammad and another [2009 (12) TMI 903 - SUPREME COURT] where it was held that Section 147 of the aforesaid Act does not bar the parties from compounding an offence under Section 138 even at the appellate stage of the proceedings. Taking into account the fact that the parties have agreed to end the proceedings by way of compromise and the opposite party no.2 has already received the amount of cheque along with interest/ cost and he does not want to pursue the proceedings against the revisionist, this Court deems it appropriate to compound the offence on the basis of compromise deed dated 10.11.2020 entered into between the parties - in case the revisionist deposits 15% of the cheque amount to the High Court Legal Services Committee, Allahabad within the stipulated period, the judgment and sentence dated 06.09.2018 passed by the trial Court duly confirmed by the appellate court vide judgment dated 01.02.2020, is set aside. Revision allowed.
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