TMI Blog2020 (1) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... ME COURT] . Hon ble Apex Court in Damodar S. Prabhu case 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. Instant matter is ordered to be compounded and judgments passed by learned Courts below are quashed and set-aside - The petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. The bail bonds of the accused are ordered to be discharged - petition disposed off. - Cr. Revision No: 385 of 2019 - - - Dated:- 8-1-2020 - Hon ble Mr. Justice Sandeep Sharma For the Petitioner: Mr. Vinay Sharma, Advocate For the Respondents: Mr. Anjali Soni Verma, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed with a view to discharge his aforesaid liability, issued cheque bearing No. 814578, dated 5.3.2013, amounting to ₹ 58,000/drawn on Canara Bank, Palampur in favour of the complainant. However, fact remains that on presentation, aforesaid cheque was dishonoured on account of insufficient funds. Since having received legal notice, accused failed to make the payment good within the prescribed period, complainant was compelled to initiate proceedings under Section 138 of the Act, in the competent Court of law. 3. Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Section 138 of the Act vide judgment/order dated 8.5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on behalf of the accused for compounding the offence alleged to have been committed by him, is accepted. 6. Consequently, in view of the above, this Court sees no impediment in accepting the prayer made on behalf of the learned counsel representing the petitioner that in view of the amicable settlement arrived inter se parties, this Court can proceed to compound the offence while exercising power under section 147 of the Negotiable Instruments Act and as per the guidelines framed by the Hon ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H.(2010)5 SCC 663. Hon ble Apex Court in Damodar S. Prabhu case (Supra) has categorically held that Court while exercising power under Section 147 of the Act, can proceed to compound the of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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