TMI Blog2023 (12) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... elves, it is a fit case for allowing them to compound the offence. The order dated dated 19.09.2023 passed by the Additional Sessions Judge, Jalandhar, as well as the judgment of conviction and order of sentence dated 12.03.2018 passed by the Judicial Magistrate 1st Class, Jalandhar, are hereby set aside - revision petition is allowed. - HON BLE MR. JUSTICE JASJIT SINGH BEDI Mr. Sahil Soi, Advocate, for the petitioner Mr. Sandeep Kumar Bansal, Advocate, for respondent No. 1. Mr. Kirat Singh Sidhu, DAG, Punjab, for respondent No.2-State ORDER JASJIT SINGH BEDI , J. ( Oral ) The present revision petition has been filed against the order dated 19.09.2023 passed by the Additional Sessions Judge, Jalandh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usedpetitioner 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 it was also ordered that the accused will pay compensation under Section 357 of the Cr.P.C. to the tune of the cheque amount i.e. Rs.4,00,000/- at the rate of 9% p.a. from the date of the cheque till date i.e. 12.03.2018 4. That aggrieved against the said judgment of conviction and order of sentence, the petitioner preferred an appeal before the Additional Sessions Judge, Jalandhar, which came to be dismissed on 19.09.2023. 5. Still aggrieved, the present revision petition has been preferred by the petitioner. Alongwi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. As per the provisions of Section 147 of the Act, the offence under Section 138 is compoundable. Section 147 reads as under: Offence to be compoundable- Notwithstanding anything contained in the Criminal Procedure Code, 1973(2 of 1974), every offence punishable under this Act shall be compoundable . 5. The compounding of the offence under Section 138 can be 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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