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TMI Blog2021 (11) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... r under Section 147 of the Act can proceed to compound the offences even in those cases where accused stands convicted. The instant matter is ordered to be compounded and judgment dated 5.4.2021 passed by learned Sessions Judge, Shimla, in Criminal Appeal No. 51-S/10 of 2018 and the judgment of conviction and order of sentence dated 24.11.2018, passed by learned Judicial Magistrate, 1st Class, Court No. 5, Shimla, District Shimla, H.P., in case No. 183-3 of 2014, are quashed and set-aside. The petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. The bail bonds of the accused are ordered to be discharged. Petition disposed off. - Criminal Revision No. 150 of 2021 - - - Dated:- 11-11-2021 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of ₹ 3,00,000/-, as advance payment to the complainant. Complainant alleged that out of ₹ 3,00,000/-, sum of ₹ 2,00,000/- was deposited in his account at the time of execution of the agreement dated 3.4.2014, whereas remaining amount of advance payment of ₹ 1,00,000/- was made by the accused to the complainant by issuing cheque dated 20.4.2014. However, fact remains that aforesaid cheque was dishonoured on account of insufficient funds in the account of the accused and as such, complainant was compelled to issue statutory notice to the accused calling upon him to make the payment good within the time stipulated in the notice. Since, the accused despite having received notice failed to make the payment good, c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposited within a period of two weeks. 6. Today, during the proceedings of the case, learned counsel representing the petitioner stated that entire sum of ₹ 1,50,000/- stands deposited in the trial Court and same can be ordered to be released in favour of the complainant. He states that since petitioner-accused has made entire payment of compensation awarded by Court below, this Court while exercising power under Section 147 of the Act, may proceed to compound the offence and acquit the accused of the charges framed against him. 7. Mr. Lovneesh Kanwar, learned counsel representing the respondent fairly states that as per the instructions imparted to him complainant is ready and willing to compound the matter, provided that enti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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