Mirayala Upender v. V. Padmaja

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO Crl.R.C.M.P.No.185 of 2017 AND/IN CRIMINAL REVISION CASE No.118 of 2017 ORDER:

Crl.R.C.M.P.No.185 of 2017 filed though mentioned under Section 320 (2) Cr.P.C. since comes within the purview of Section 147 of the Negotiable Instruments Act (for short 'the Act'), permission is accorded to compound the offence since petitioner complied with the requirement of the amended Act as per the expression of the Apex Court in Damodar S.Prabhu Vs. Sayed Babalal H1, by payment of the 15% cheque amount of Rs.3,00,000/- which comes to Rs.45,000/- vide receipt No.704 of the High Court Legal Services Committee dated 05.01.2017, which is part of the record. Hence, permission is granted for compounding the offence.

In view of the compounding of the offence under Section 138 of the Act covered by the Crl.R.C. against the concurrent findings of conviction by the Courts below, the revision case is allowed recording the compounding and bail bonds of the accused cancelled by recalling pending NBW pursuant to it. Consequently, miscellaneous petitions, if any shall stand closed. No costs.

_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 19.01.2017 ska 1 2010 (5) SCC 663