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TMI Blog2022 (6) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 147 of the Act as well as in terms of the law laid down by the Hon ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H. [ 2010 (5) TMI 380 - SUPREME COURT] , whereby it has been categorically held that Court exercising power 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 21.03.2022, passed by learned Additional Sessions Judge, Sirmaur, District are quashed and set-aside. The petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act - petition allowed. - CRIMINAL REVISION NO. 212 OF 2022 - - - Dated:- 1-6-2022 - HON BLE MR. JUSTICE SANDEEP SHARMA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued cheque No.324641, amounting to Rs.3, 50,000/- in favour of the complainant. However, fact remains that on presentation 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, complainant was compelled to initiate proceedings under Section 138 of the Act, in the competent court of law. 3. Learned trial Court on the basis of the evidence adduced on record by the respective parties held accused guilty of having committed the offence punishable under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - has been paid to the respondent-complainant, whereas remaining amount of Rs.1,00,000/- shall be paid within one year in installments. He further states since parties have resolved to settle their dispute amicably interse them, this Court while exercising power under Section 147 of the Act, may proceed to compound the offence and thereafter acquit the petitioner-accused of the charge framed against him under Section 138 of the Act. 7. Respondent-Complainant Jakir Hussain, who is present in Court and is being represented by Mr. Varun Chauhan, Advocate, states on oath before this Court that he of his own volition and without there being any external pressure has entered into compromise with the petitioner-accused, whereby petitioner-accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercising power under section 147 of the Act as well as 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, whereby it has been categorically held that Court exercising power under Section 147 of the Act can proceed to compound the offences even in those cases where accused stands convicted. 10. Accordingly, in view of the aforesaid discussion made hereinabove, instant matter is ordered to be compounded and judgment dated 21.03.2022, passed by learned Additional Sessions Judge, Sirmaur, District at Nahan, Himachal Pradesh and the judgment of conviction and order of sentence dated 29.11.2021 passed by learned Additional Chief Judicial Magistrate, Court No.1, Paonta Sahib, Dist ..... X X X X Extracts X X X X X X X X Extracts X X X X
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