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2022 (4) TMI 62 - HC - Indian LawsDishonor of Cheque - insufficient funds - acquittal of accused - compounding of offence under Section 147 of NI Act - HELD THAT:- Since the accused has no objection to release entire amount of compensation deposited by him with learned trial Court and further the complainant also has no objection for compounding the offence, in the event of release of entire amount of compensation in his favour, this court sees no impediment in accepting prayer made on behalf of the accused for compounding of offence under Section 147 of Act and in terms of guidelines laid down by Hon'ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], wherein Hon'ble Apex Court has categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below. The present matter is ordered to be compounded and impugned judgments of conviction and order of sentence passed by the courts below are quashed and set-aside. Petitioner-accused is acquitted of the charges framed against him under Section 138 of the Act - petition disposed off.
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