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TMI Blog2013 (2) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... sit of 15% of the total cheques amount of Rs.70,63,421/- i.e. Rs.10,59,513/- with the State Legal Services Authority, Punjab within one month from today and if not paid then same shall be recovered as arrears of land revenue and the petitioner will have to serve the remaining part of the sentence. - CRR No. 4116 of 2012 (O&M) & CRR No. 195, 196, 297 of 2013 (O&M) - - - Dated:- 11-2-2013 - MR. PARAMJEET SINGH, J. Mr. Preetinder S. Ahluwalia, Advocate, for the petitioner(s). Mr. Devinder Dutt Sharma, Advocate, for the respondent(s). Paramjeet Singh, J. By this common order, CRR No. 4116 of 2012, CRR No. 195 of 2013, CRR No. 196 of 2013 and CRR No. 297 of 2013 are being decided together. Criminal Revi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion viz. CRR No. 196 of 2013 has been preferred by the petitioner against judgment dated 20.11.2012 passed by the 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 two cheques in this criminal revision is Rs. 14,15,421/- (Rs.7,06,000 + Rs.7,09,42 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, learned counsel for the respondent states that interest is still recoverable. The right of the respondent to claim it in appropriate proceedings may be protected. Learned counsel for the respondent has also filed written statement by way of an affidavit dated 28.01.2013 of the respondent to the effect that the petitioner had already paid Rs.15 lacs and has paid Rs.35,33,421/- in the Hon'ble High Court without interest which is due along with the balance amount. Total amounts in the aforesaid four criminal revisions comes out to Rs.70,63,421/-. The Hon'ble Apex Court in the matter of Damodar S. Prabhu versus Sayed Bablal H. reported in 2010(2) R.C.R. (Criminal) 851, has held as under:- 15. With regard to the progression of litigati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority, or such authority as the Court deems fit. (c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount. Let it also be clarified that any costs imposed in accordance with these guidelines should be deposited with the Legal Services Authority operating at the level of the Court before which compounding takes place. For instance, in case of compounding during the pendency of proceedings before a Magistrate's Court or a C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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