2022 (4) TMI 420

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....2 ORDER JASJIT SINGH BEDI, J. The present revision petition has been filed against the order dated 18.07.2019 passed by the learned Sessions Judge, Kaithal, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 17.01.2019 passed by the learned Judicial Magistrate, 1st Class, Kaithal, has been dismissed. 2. The brief facts leading to t....

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.... of the cheque in question. 3. Thereafter, a complaint under Section 138 of the Negotiable Instruments Act, 1881, was filed, where the petitioner-accused was summoned to face the trial. The evidence was led and ultimately, he was held guilty and accordingly, convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo simple imprisonment....

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....f Section 147 of the Negotiable Instruments Act read with Section 320 Cr.P.C. would show that where a settlement has been effected, the offence under Section 138 of the Negotiable Instruments Act can be compounded on account of the fact that a mutual compromise has been effected between the parties. 6. The learned counsel for the complainant-respondent has accepted the factum of compromise and ha....

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....ffence under Section 138 is compoundable. Section 147 reads as under:- "Offence to be compoundable- Notwithstanding anything contained in the Criminal Procedure Code, 1973(2 of 1974), every offence punishable under this Act shall be compoundable". 5. The compounding of the offence under Section 138can be done during the trial of the case as well as by the High Court or Court of Session wh....