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2024 (5) TMI 1142 - HC - Indian LawsDishonour of Cheque - compromise agreement between the accused and the complainant - HELD THAT - The terms and conditions of compromise mentioned in the affidavit are read over to the parties and they are admitted as true and correct. In a decision reported in - DAMODAR S. PRABHU VERSUS SAYED BABALAL H. 2010 (5) TMI 380 - SUPREME COURT , the Hon‟ble Apex Court held in case of compounding during the pendency of proceedings before a Magistrate's Court or a Court of Session, such costs should be deposited with the District Legal Services Authority. On being satisfied with the terms and conditions of compromise and in view of the amicable settlement made by both parties, application is allowed and consequently the Criminal Revision Case is disposed of by setting aside the judgment. The petitioner/accused is acquitted for the offence punishable under Section 138 of N.I. Act - Application disposed off.
Issues involved:
The case involves a petition seeking to dispose of a Criminal Revision Case based on a compromise agreement between the accused and the complainant. Details of the Judgment: Issue 1: Conviction under Section 138 of Negotiable Instruments Act The complainant filed a private complaint against the accused for dishonoring a cheque issued for an amount borrowed by the accused. The trial court convicted the accused under Section 138 of the N.I. Act and sentenced him to imprisonment and a fine. The appellate court upheld the conviction and sentence. Issue 2: Appeal and Revision The accused appealed the trial court's judgment, which was dismissed by the appellate court. Subsequently, the accused filed a revision petition challenging the appellate court's decision. Issue 3: Compromise and Settlement Both parties reached a compromise and entered into an Agreement/MOU, leading to the accused paying 15% of the cheque amount as a compounding fee as per the guidelines set by the Supreme Court. The terms of the compromise were accepted by the court, resulting in the disposal of the Criminal Revision Case and acquittal of the accused under Section 138 of the N.I. Act. Conclusion: The court allowed the petition, setting aside the appellate court's judgment and confirming the trial court's decision. The accused was acquitted based on the compromise agreement, and all pending petitions were closed.
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