TMI Blog2022 (4) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... [ 2010 (5) TMI 380 - SUPREME COURT ], wherein Hon'ble Apex Court 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. The present matter is ordered to be compounded and impugned judgments of conviction and order of sentence passed by the courts below are quashed and set-aside. Petitioner-accused is acquitted of the charges framed against him under Section 138 of the Act - petition disposed off. - Cr. Revision No. 62 of 2022 - - - Dated:- 25-3-2022 - Sandeep Sharma , J. For the Appellant : Vishal Verma, Advocate For the Respondents : H.R. Dhiman, Advocate, Sudhir Bhatnagar, Arvind Sharma, Additi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inant. However, the fact remains that the said cheque on its presentation was dishonoured on account of 'insufficient funds' in the account of the accused. Since, despite having received legal notice served by the complainant, petitioner failed to make good the payment within time stipulated in the legal notice, he (complainant) was compelled to institute proceedings under S. 138 of the Act against the accused in the competent Court of law, which on the basis of evidence adduced on record by respective parties, held the accused guilty of having committed offence punishable under S.138 of the Act and accordingly convicted and sentenced him as per description given above. 3. Being aggrieved and dissatisfied with judgment of convict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bjection to release entire amount of compensation deposited by him with learned trial Court and further the complainant also has no objection for compounding the offence, in the event of release of entire amount of compensation in his favour, this court sees no impediment in accepting prayer made on behalf of the accused for compounding of offence under Section 147 of Act and in terms of guidelines laid down by Hon'ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663, wherein Hon'ble Apex Court 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. 3. Consequently, in view of the above, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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