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TMI Blog2011 (4) TMI 1527X X X X Extracts X X X X X X X X Extracts X X X X ..... sion petition, the accused-petitioner has sought to challenge the judgment dated 24.2.2007 passed by the learned S.D.J.M., Bhubaneshwar in I.C.C. Case No. 4318 of 2004 convicting him under Section 138 of the Negotiable Instruments Act, 1881 and sentencing him to undergo S.I. for a period of three months and to pay a compensation of ₹ 1,50,000 to the complainant. Challenge has been further ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SLT 632=IV (2009) DLT (Crl.) 889 (SC)=(2010) 1 SCC 798, wherein a Division Bench of the Hon'ble Supreme Court headed by Hon'ble Justice Altamas Kabir came to hold that, an application for compounding the offence under Section 147 of the Negotiable Instruments Act, can be made even at the appellate stage and even in a proceeding under Article 136 of the Constitution. 3. The Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow: 147. Offences to be compoundable--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every offence punishable under this Act shall be compoundable. 4. In the facts of the present case, it appears that the accused-petitioner had issued a cheque value of ₹ 1,20,000 which was the subject matter of dispute in the present proceeding. While the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by virtue of Section 147 thereof, I am of the considered view that, this is a fit case where the prayer of the petitioner to compound the offence as provided under Section 147 of the N.I. Act ought to be allowed and that the order of conviction and sentence passed against the petitioner under Section 138 of the N.I. Act ought to be set aside. Accordingly, the revision is allowed and consequently t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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