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TMI Blog2021 (11) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... hout there being any external pressure. His statement is taken on record. Since the parties to lis have already resolved to settle the dispute inter se them amicably and in terms of compromise between them, ₹ 2,25,000/- has been received by complainant and remaining amount of ₹ 75,000/- has been agreed to be released in his favour by the accused, this court sees no impediment in accepting the prayer made in the present petition, for compounding of the offence, while exercising power under S. 147 of the Act as well as guidelines laid down by Hon'ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [ 2010 (5) TMI 380 - SUPREME COURT] , whereby it has been held that court while exercising power under S. 147 can procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record, are that the complainant instituted a complaint under S. 138 of the Act in the court of learned Judicial Magistrate 1st Class, Rajgah, alleging therein that he had advanced a sum of ₹ 2,70,000/- to the accused on his request for his personal and domestic use and, with a view to discharge his liability, accused issued cheque Ext. CW-1/B for ₹ 2,70,000/-, but the fact remains that on presentation, aforesaid cheque was dishonoured on account of insufficient funds. Since despite having received legal notice served upon the accused by the complainant, accused failed to make good the payment, complainant was compelled to initiate proceedings under S. 138 of the Act in the competent Court of law. Learned trial Court, on the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eposited with learned trial Court, for which accused has no objection if same is released in his favour, as such, complainant shall have no objection, in case prayer made on behalf of the accused for compounding of offence is accepted. Complainant on oath states that since he has received ₹ 2,25,000/- in cash and accused has agreed for release of ₹ 75,000/- lying deposited with the learned trial Court, in his favour, as such, he shall have no objection, in case the accused is acquitted of the charges framed against him under S. 138 of the Act. Complainant further states that he has come to the court to make statement, of his own volition and without there being any external pressure. His statement is taken on record. 7. Since ..... X X X X Extracts X X X X X X X X Extracts X X X X
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