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2023 (3) TMI 1329 - HC - Indian LawsDishonour of Cheque - insufficiency of funds - compounding of offence alleged to have been committed under Section 138 of the Act - whether after upholding the judgment of conviction and order of sentence passed by learned court below, this Court can proceed to compound the offence or not? HELD THAT:- This Court vide judgment passed in GULAB SINGH VERSUS VIDYA SAGAR SHARMA [2017 (12) TMI 1837 - HIMACHAL PRADESH HIGH COURT], while relying upon judgment of Hon'ble Apex Court as well as other Constitutional Courts has already held that court, while exercising power under Section 147 of Act can proceed to compound offence even in those cases, where accused stands convicted. The Hon’ble Apex Court in K. SUBRAMANIAN VERSUS R. RAJATHI REP. BY P.O.A.P. KALIAPPAN [2009 (11) TMI 1013 - SUPREME COURT], also in similar situation ordered for compounding of offence after recording of conviction by the courts below, wherein it has been held that in view of the provisions contained under Section 147 of the Act, read with Section 320 of Cr.P.C, compromise arrived inter se the parties, can be accepted and offence committed under Section 138 of the Act, can be ordered to be compounded - Hon’ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], has categorically held that offence punishable under Section 138 of the Negotiable Instruments Act can be compounded after recording of conviction, hence this court while exercising power under Section 482 Cr.PC read with Section 147 of the Act, can proceed to compound the offence alleged to have been committed by the petitioner and set-aside judgment of conviction recorded by the courts below. This Court holds that present application for compounding of offence after dismissal of criminal revision petition vide judgment dated 2.8.2022, is maintainable and as such, parties are permitted to get the matter compounded in the light of the compromise arrived inter se them. Accordingly, judgment of conviction and sentence recorded by the learned trial court is quashed and set-aside and petitioner is acquitted of the charge framed against him - Application disposed off.
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