9911796707
TMI Blog2013 (2) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Sessions Judge, Amritsar, thereby dismissing the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 13.12.2011 passed by learned Judicial Magistrate Ist Class, Amritsar, vide which the petitioner has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2000/-. In default, to further undergo simple imprisonment for a period of three months.The amount of cheque in this criminal revision is Rs. 7,06,000/-. Criminal Revision viz. CRR No. 195 of 2013 has been preferred by the petitioner against judgment dated 20.11.2012 passed by the learned Additional Sessions Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned Additional Sessions Judge, Amritsar, thereby dismissing the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 13.12.2011 passed by learned Judicial Magistrate Ist Class, Amritsar, vide which the petitioner has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2000/-. In default, to further undergo simple imprisonment for a period of three months.The amount of five cheques in this criminal revision is Rs.35,30,000/- (Rs. 7,06,000/- each). I need not dilate upon the facts of the aforesaid cases in detail as the same have already been recapitulated in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties who unduly delay compounding of the offence. It was submitted that the requirement of deposit of the costs will act as a deterrent for delayed composition, since at present, free and easy compounding of offences at any stage, however belated, gives an incentive to the drawer of the cheque to delay settling the cases for years. An application for compounding made after several years not only results in the system being burdened but the complainant is also deprived of effective justice. In view of this submission, we direct that the following guidelines be followed:- THE GUIDELINES (i) In the circumstances, it is proposed as follows: (a) That directions can be given that the Writ of Summons be suitably modified making it clear to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the High Court should be deposited with the State Legal Services Authority and those imposed in connection with composition before the Supreme Court should be deposited with the National Legal Services Authority." Consequently, in view of the consensus arrived at between the parties and keeping in view the law laid down by the Hon'ble Apex Court in the matter of Damodar S. Prabhu (supra), all the four criminal revisions are allowed. However, without prejudice to the rights of the respondent to recover the amount of interest and/or any other amount. Impugned judgments and orders of sentence are set aside and all the four criminal complaints filed by the complainant are quashed, subject to deposit of 15% of the total cheques amount of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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