9911796707
TMI Blog2021 (1) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... [ 2010 (5) TMI 380 - SUPREME 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 instant matter is ordered to be compounded and judgments passed by learned Courts below are quashed and set-aside. The petitioner-accused is acquitted of the charge framed against her under Section 138 of the Act. The bail bonds of the accused are ordered to be discharged. Petition disposed off. - Cr. Revision No. 326 of 2019 - - - Dated:- 14-12-2020 - The Hon'ble Mr. Justice Sandeep Sharma, Judge For the Petitioner : Mr. Mahesh Sharma, Advocate, through For the Respondents : Mr.Anuj Gupta, Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused) purchased jewellery worth of ₹ 3, 20, 759/- from her shop and paid sum of ₹ 20,000/- in cash and ₹ 759/- was left off as discount. She alleged that the balance amount of the articles purchased by the accused was paid by the accused by issuing cheque bearing No.111383, dated 25.09.2013, drawn on Himachal Gramin Bank, Branch Office, Khalini, Shimla for a consideration of ₹ 3, 00,000/-, but fact remains that aforesaid cheque was dishonoured on its presentation on account of insufficient funds in the account of the accused. Since, the accused failed to make the payment good despite having received statutory notice, complainant was compelled to initiate proceedings under Section 138 of the Act, in the appropriat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter can be ordered to be compounded in terms of the law laid down by the Hon'ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H.(2015)5 SCC 663. 6. Mr. Mahesh Sharma, learned counsel representing the petitioner-accused on the instructions of the petitioner states that an amount of ₹ 95,000/- stands deposited with the learned trial Court, whereas remaining amount of ₹ 3,05,000/- has been paid to the respondent-complainant. Learned counsel for the petitioner further states that since entire cheque amount in terms of the judgment passed by the learned trial court stands paid to the respondent-complainant, present petitioner-accused be acquitted of the charge framed against her under Section 138 of the Act. 7. Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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