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TMI Blog2025 (5) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... eard. 2. Leave granted. 3. The accused-appellant has approached this Court, through this appeal by special leave, assailing the judgment dated 7th January, 2023, passed by the High Court of Judicature at Bombay at Goa Hereinafter, being referred to as the 'High Court' in Criminal Appeal No. 53 of 2017 whereby the High Court quashed and set aside the judgment dated 6th February 2017, passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Court in Criminal Case No. 29/NI/2014, convicting the accused-appellant for the offence punishable under Section 138 of the NI Act and directing that he shall pay compensation to the tune of Rs. 2,00,000/- to the complainant-respondent under Section 357 of Code of Criminal Procedure, 1973 Hereinafter, being referred to as 'CrPC' towards the cheque amount and further compensation to the tune of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the accused-appellant had returned the entire amount of loan taken from the complainant-respondent between January 2012 to July 2013. He further submitted that since the accusedappellant has returned the amount of the cheque to the complainant-respondent with interest payable thereupon, he is entitled to be acquitted by compounding the offence. 8. Upon having considered the entirety of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposed by the trial Court, we hereby, exercise our powers under Article 142 of the Constitution of India, to compound the offence and acquit the accused-appellant of the accusation under Section 138 of the NI Act subject to the condition that the entire amount of Rs.2,30,000/- deposited by the accused-appellant shall be paid to the complainant-respondent, if the same has not been paid till date. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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