Section 397 CRPC NI ACT Section 138 Against Conviction Dishonour of cheque Compounding of offences Entire amount of compensation stands received by complainant Complainant not having objection in compounding Offence liable to be compounded Conviction
Ummer vs Dewlite CRR 253/20 21/12/21
[ SANDEEP JJ ]
[ HIMACHAL PRADESH HIGH COURT ]
Section 397 CRPC NI ACT Section 138 Against Conviction Dishonour of cheque Compounding of offences Entire amount of compensation stands received by complainant Complainant not having objection in compounding Offence liable to be compounded Conviction, set aside Moreover, since complainant was unnecessarily dragged to institute legal proceedings against accused that too for realisation of his own money, accused directed to pay Rs. 25,000/as litigation cost.
Having taken note of the fact that entire amount of compensation stands received by the respondent-complainant and respondent has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon’ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H. (2010) 5 SCC 663, wherein it has been categorically held that court, while exercising power under Section 147 of the Act, can proceed to compound the offence even after recording of conviction by the courts below.
adv Saba Hasan/All rights reserved
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