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Judgment
8 paragraphs · 182 wordsRekha Mittal, J.
CRM-16175 of 2014
Allowed as prayed for.
CRM-16176 of 2014
Prayer in this application is for compounding the offence punishable u/s 138 of the Negotiable Instruments Act, 1881 by invoking the provisions of Section 147 thereof.
Counsel for the petitioner submits that the petitioner has discharged his liability qua the cheque amount in favour of the respondent as well as deposited 15 % of the cheque amount in the Registry of this Court in compliance with the judgment passed by Hon''ble the Supreme Court of India in Damodar S. Prabhu vs. Sayed Babalal H. 2010 (2) R.C.R. (Criminal) 851, therefore, the petitioner may be allowed to compound the offence.
Counsel for the respondent has conceded to the factual assertions that the petitioner has already discharged his liability qua the cheque amount by payment of sum of Rs. 2,80,000/-.
In view of the above, the petition is allowed, the judgment of conviction and order of sentence passed by the courts below are set aside and the petitioner is acquitted of the offence, having been compounded.