9911796707
TMI Blog2021 (5) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 sentence by the courts below are quashed and set-aside - the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act - petition allowed. - Hon ble Mr. Justice Sandeep Sharma For the Petitioner : Mr. Surender Verma and Mr. Gambhir Singh Chauhan, Advocates For the Respondent : Mr. Arvind Sharma, Advocate ORDER Sandeep Sharma, J. (Oral) Instant criminal revision petition filed under Section 397 read with Section 401 of Cr.PC, lays challenge to judgment dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d him as per the description given herein above. 4. Being aggrieved and dis-satisfied with the aforesaid judgment of conviction recorded by the court below, accused preferred an appeal in the court of learned Additional Sessions Judge, Sundernagar, District Mandi, which also came to be dismissed vide judgment dated 4.1.2020, as a consequence of which, judgment of conviction recorded by the learned trial Court came to be upheld. In the aforesaid background, present petitioneraccused has approached this Court by way of instant proceedings, seeking therein his acquittal after setting aside the judgments of conviction recorded by the courts below. 5. Vide order dated 14.10.2020, this Court suspended the sentence imposed by the court below subje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the petitioner and has already received sum of ₹ 8,00,000/-, respondent bank shall have no objection, in case, prayer made in the instant petition for compounding of the offences is accepted and petitioner is acquitted of the charges framed against him. 10. Having taken note of the compromise arrived inter-se parties coupled with the fact that respondent bank has received ₹ 8,00,000/- under one time settlement, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663, wherein it has been categ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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