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2019 (3) TMI 2069

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..... accused persons is much more than the cheque amount involved in the case - HELD THAT:- Law on the point is settled that the Court is to consider dishonour of cheque(s) only which are subject matter of the complaint. The Court cannot enforce compounding of cheques which were not presented by the complainant for encashment. Learned Magistrate has rightly passed the order thereby compounding the off .....

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..... Magistrate Ist Class, Gurugram whereby plea of compounding of offence under Section 147 of the Negotiable Instruments Act, 1881 (for short, the Act ) has been accepted. 2. Arguments heard. 3. Facts relevant for the purpose of decision of the present petition; petitioner herein as complainant filed a complaint (Annexure P/2) under Section 138 of the Act before learned Magistrate. The original comp .....

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..... amount through the compounding. 5. While passing the impugned order dated 14.05.2018 (Annexure P/5), learned Magistrate has rightly placed reliance upon judgment from Hon ble Apex Court in M/s Meters and Instruments Vs. Kanchan Mehta, Criminal Appeal No. 1731 of 2017, decided on 05.10.2017 where Hon ble Apex Court explained the importance of compounding of offence under Section 138 of the Act and .....

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