TMI Blog2021 (12) TMI 894X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below. Present matter is ordered to be compounded and impugned judgments of conviction and sentence dated 19.2.2014 and 16/30.12.2011, passed by the courts below are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act - Petition disposed off. - Criminal Revision No. 150 of 2014 - - - Dated:- 6-12-2021 - Sandeep Sharma, J. For the Appellant : Rajiv Rai, Advocate For the Respondents : Ajit Pal Jaswal, Advocate ORDER Instant criminal revision petition filed under Section 397 Cr.P.C. read with Section 401 of Cr.P.C., lays challenge to judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duced on record by the respective parties, vide judgment dated 16/30.12.2011, held the petitioner-accused guilty of having committed offence under Section 138 of the Act and accordingly, sentenced him as per the description given herein above. 4. Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the court below, accused preferred an appeal in the court of learned Sessions Judge (Forests), Shimla, which also came to be dismissed vide judgment dated 19.2.2014, as a consequence of which, judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, present petitioner-accused has approached this Court by way of instant proceedings, seeking therein his acquittal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 1,00,000/- lying deposited in the Registry of this court has been agreed to be paid to the respondent and in case, aforesaid amount is paid to the respondent complainant, respondent shall have no objection if petitioner is acquitted of the charges framed against him under Section 138 of the Act. 9. Since entire amount of compensation awarded by the court below has been paid or agreed to be paid by the petitioner to the complainant, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon'ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663, wher ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
