9911796707
TMI Blog2023 (12) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Judicial Magistrate 1st Class, Jalandhar, has been dismissed. 2. The brief facts of the case are that the complainant had been visiting the accused who was running the business under the name and style of Harris Dyers and Dry Cleaners. As the accused took Rs.12,00,000/- from the complainant on 10.04.2014 and agreed to return part payment of the said amount in the month of May 2014 and the remaining amount in the month of September 2014. In the month of May 2014, the accused failed to return the part payment but he executed an undertaking on 30.05.2014 wherein he confirmed his undertaking to return the amount upto September, 2014 and issued three post dated cheques in favour of the complainant including a cheque No.569423 dated 16.09 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the compounding of the offences under Section 138 of the Negotiable Instruments Act as the parties have amicably settled the dispute with intervention of respectable persons of the society. In terms of the compromise deed dated 28.11.2003 (Annexure P-1) the petitioneraccused has made a payment of Rs.5,75,000/- in cash as lump sum payment towards both the dishonoured cheques i.e. Cheque No.908894 dated 23.09.2014 and Cheque No.569423 dated 16.09.2014. It would be relevant to mention here that a reading of Section 147 of the Negotiable Instruments Act read with Section 320 Cr.P.C. would show that where a settlement has been effected, the offence under Section 138 of the Negotiable Instruments Act can be compounded on account of the fact t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 22 in CRR-1585-2019' has also held that once a settlement is being effected, then in terms of Section 147 of the Negotiable Instruments Act and Section 320 Cr.P.C., the accused ought to be acquitted as the offence stands compounded. 10. In view of the above, since, the parties have voluntarily settled the disputes between themselves, it is a fit case for allowing them to compound the offence. 11. Accordingly, the revision petition is allowed and the order dated dated 19.09.2023 passed by the Additional Sessions Judge, Jalandhar, as well as the judgment of conviction and order of sentence dated 12.03.2018 passed by the Judicial Magistrate 1st Class, Jalandhar, are hereby set aside. The petitioner is acquitted of the charge under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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