TMI Blog2021 (12) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... has been 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 petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act - present matter is ordered to be compounded and impugned judgments of conviction and sentence passed by the courts below are quashed and set-aside - petition disposed off. - Criminal Revision No. 253 of 2020 - - - Dated:- 2-12-2021 - Sandeep Sharma , J. For the Appellant : Anirudh Sharma, Advocate For the Respondents : V.S. Chauhan, Senior Advocate and Ajay Singh Kashyap, Advocate ORDER Instant criminal revision petition filed under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discharge his liability, issued two cheques bearing No. 174502 174501, dated 10.5.2017 10.6.2017 amounting to ₹ 15,00,000/- and ₹ 10,00,000/- respectively, but fact remains that aforesaid cheques, on their presentation, were dishonoured with remarks account closed . Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act. 3. Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment dated 23.5.2019/25.6.2019, held the petitioner-accused guilty of having committed offence under Section 138 of the Act and ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e charges framed against him. 7. Mr. V.S. Chauhan, learned Senior Counsel, appearing on behalf of the respondent-complainant, on instructions, fairly acknowledges the factum with regard to the receipt of ₹ 25,50,000/- by the respondent complainant. He states that since respondent has already received the entire amount of compensation awarded by the court below, respondent shall have no objection in case prayer made in the instant petition for compounding offence is accepted. 8. Having taken note of the fact that entire amount of compensation stands received by the respondent-complainant and respondent has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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