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2022 (4) TMI 353

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..... ha, has been dismissed. 2. The brief facts of the case are that the facts as alleged by the complainant-respondent No.1 is that he was engaged in the business of running a milk dairy and was an agriculturist. He also used to take agricultural land on lease. The accused-petitioner, who was proprietor of Vatsa Electronics was known to the brother-in-law of respondent No.1/complainant. On 02.07.2010, the proprietor of accused along with the brother-in-law of the complainant, came to the house of the latter and requested him to lend a sum of Rs. 7 lakh to him for business purpose. He was running an electronics business at Ganaur, District Sonepat. He promised the complainant to return the borrowed amount within two months. The complainant cons .....

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..... e the trial. The evidence was led and ultimately, he was held guilty and accordingly, convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo rigorous imprisonment for a period of two years and pay a compensation of double the cheque amount. 4. That aggrieved against the said judgment of conviction and order of sentence, the petitioner preferred an appeal before the learned Sessions Judge, Panipat, which came to be dismissed on 01.06.2019. 5. Still aggrieved, the present revision petition has been preferred by the petitioner. During the pendency of the present criminal revision petition, a compromise was effected between the parties and the respondentcomplainant sworn an aff .....

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..... done during the trial of the case as well as by the High Court or Court of Session while acting in the exercise of its power of revision under Section 401 Criminal Procedure Code Reference may be made to Section 320(6) Criminal Procedure Code in this regard. 6. Further, under Section 320(8) Criminal Procedure Code the composition of an offence shall have the effect of acquittal of the accused with whom the offence has been compounded." 9. In view of the above, since, the parties have voluntarily settled the disputes between themselves, it is a fit case for allowing them to compound the offence. 10. Accordingly, the revision petition is allowed and the order dated 01.06.2019 passed by the learned Sessions Judge, Panipat, and the judgmen .....

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