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2022 (7) TMI 972 - HC - Indian LawsDishonor of Cheque - entire amount of the cheque has been paid to the the respondent-Bank - compounding of offences u/s 147 of the Negotiable Instrument Act - HELD THAT:- The issue as regards compounding under the Negotiable Instruments Act at the stage of appeal as well as revision has come before this court as well as before the Hon'ble Supreme Court and they have upheld that the powers under Section 147 of the Negotiable Instruments Act can be invoked at any stage of the proceedings i.e. at the stage of trial, appeal or at the revisional jurisdiction and that the courts should be liberal in exercising such powers. It was also held in the matter of Damodar S. Prabhu Vs. Sayed Babalal H., [2010 (5) TMI 380 - SUPREME COURT] and Kaushalya Devi Massand Vs. Roopkishore, [2011 (3) TMI 1491 - SUPREME COURT], to the effect that compromise in question would definitely go a long way to strengthen the mutual relationship between the parties and would serve as an ever lasting tool in their favour. Such an exercise would be in consonance with the spirit of Section 147 of the Negotiable Instruments Act. In view of the parties having settled the matter and the amount having been deposited by the petitioner with the respondent-Bank and in the light of consent of the parties, it appropriate to invoke the power vested by virtue of Section 147 of the Negotiable Instruments Act, 1881 and allow the compounding of the offence under Section 138 of the Negotiable Instruments Act - Petition allowed.
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