2011 (4) TMI 1527

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.... Mr. S.K. Singh, Advocates JUDGMENT I. Mahanty, J. 1. In this revision petition, the accused-petitioner has sought to challenge the judgment dated 24.2.2007 passed by the learned S.D.J.M., Bhubaneshwar in I.C.C. Case No. 4318 of 2004 convicting him under Section 138 of the Negotiable Instruments Act, 1881 and sentencing him to undergo S.I. for a period of three months and to pay a compens....

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....ammd & Anr., I (2010) BC 36 (SC)=IV (2009) CCR 562 (SC)=VIII (2009) SLT 632=IV (2009) DLT (Crl.) 889 (SC)=(2010) 1 SCC 798, wherein a Division Bench of the Hon'ble Supreme Court headed by Hon'ble Justice Altamas Kabir came to hold that, an application for compounding the offence under Section 147 of the Negotiable Instruments Act, can be made even at the appellate stage and even in a proce....

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....tter appreciation, Section 147 of the N.I. Act is quoted herein below:     147. Offences to be compoundable--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every offence punishable under this Act shall be compoundable. 4. In the facts of the present case, it appears that the accused-petitioner had issued a cheque value of Rs. 1,20,....

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....xercise of power of this Court to compound the offences arising out of the N.I. Act by virtue of Section 147 thereof, I am of the considered view that, this is a fit case where the prayer of the petitioner to compound the offence as provided under Section 147 of the N.I. Act ought to be allowed and that the order of conviction and sentence passed against the petitioner under Section 138 of the N.I....