TMI Blog2019 (12) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... ] - 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. - Cr. Revision No. 238 of 2014 - - - Dated:- 21-11-2019 - MR. SANDEEP SHARMA, J. For the petitioner: Mr. Mahesh Sharma, Advocate. For the respondents: Mr. B.B. Vaid, Advocate for respondent No.1. Ms. Sudhir Bhatnagar and Mr. Sumesh Raj, Additional Advocates General with Mr. Kunal Thakur, Deputy Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... funds in the account of accused. Since despite having received legal notice, accused failed to pay the amount, complainant was compelled to initiate proceedings under S.138 of the Act in the competent Court of law. 3. Learned trial Court, in the totality of evidence led on record by respective parties, held accused guilty of having committed offence punishable under S.138 of the Act and sentenced him as per description given herein above. Being aggrieved and dissatisfied with the aforesaid judgment of conviction and sentence, accused preferred an appeal before learned Sessions Judge (Forests), Shimla, which was dismissed vide judgment dated 9.7.2014. In the aforesaid background, accused has approached this Court in the instant proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this Court under S.147 of the Act and guidelines laid down by Hon'ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663,. 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. 8. Consequently, in view of the law laid down by Hon'ble Apex Court in Damodar S. Prabhu (supra), present petition is allowed. 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. Bails bonds furnished by him are discharged. 9. Learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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