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    <title>2018 (4) TMI 1908 - GUJARAT HIGH COURT</title>
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    <description>A High Court accepted a genuine out-of-court compromise in a prosecution under section 138 of the Negotiable Instruments Act, where the complainant acknowledged receipt of the cheque amount and consented to quashing. It applied the principle that offences under section 138 are compoundable under section 147 of the Act, and that this special provision prevails over the restrictions in section 320 of the Code of Criminal Procedure, 1973. The Court also relied on its inherent and constitutional powers under section 482 of the Code and Articles 226 and 227 to secure the ends of justice. The conviction, appellate judgment, and arrest warrant were quashed, and the petitioner was treated as acquitted on compounding.</description>
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      <title>2018 (4) TMI 1908 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=300177</link>
      <description>A High Court accepted a genuine out-of-court compromise in a prosecution under section 138 of the Negotiable Instruments Act, where the complainant acknowledged receipt of the cheque amount and consented to quashing. It applied the principle that offences under section 138 are compoundable under section 147 of the Act, and that this special provision prevails over the restrictions in section 320 of the Code of Criminal Procedure, 1973. The Court also relied on its inherent and constitutional powers under section 482 of the Code and Articles 226 and 227 to secure the ends of justice. The conviction, appellate judgment, and arrest warrant were quashed, and the petitioner was treated as acquitted on compounding.</description>
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