2024 (5) TMI 1219

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....entioned in the application, same is allowed. The next date of hearing fixed in the main case is advanced to today itself and the matter is taken up for hearing. CRM-20181-2024 The application for placing on record a compromise and affidavit of respondent No.2 as Annexure A-3 and A-4, is allowed as prayed for subject to all just exceptions. The same are taken on record. CRR-765-2024 The present revision petition has been filed against the judgment dated 05.02.2024 passed by the Additional Sessions Judge, Kurukshetra, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 11/12.02.2021 passed by the Judicial Magistrate 1st Class, Pehowa, has been dismissed. 2. The brief....

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....dishonoured and received back with the remarks "Funds Insufficient" vide information letter dated 18.05.2017. The accused was served with a legal notice dated 07.06.2017 for the repayment of the aforesaid amount but he failed to make the payment, leading to initiation of proceedings under Section 138 of the Negotiable Instruments Act. 3. In the complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the complainant, the petitioner-accused was summoned to face trial. The evidence was led and ultimately, the accusedpetitioner 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 for a period of two ye....

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....d counsel for respondents No.1 and 2 alongwith the learned State counsel for respondent No.3 contend that as the matter has been settled between the parties, they have no objection if the prayer made in the application for compounding the offence under Section 138 N.I. Act is allowed and the petitioner is acquitted of the charges framed against him. 7. I have heard the learned counsel for both the parties. 8. This Hon'ble Court in 'Ramesh Chander Vs. State of Haryana and another, 2007(1) RCR (Criminal) 245' held as under:- "4. As per the provisions of Section 147 of the Act, the offence under Section 138 is compoundable. Section 147 reads as under: "Offence to be compoundable- Notwithstanding anything contai....