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TMI Blog2021 (11) TMI 985X X X X Extracts X X X X X X X X Extracts X X X X ..... /cost with the H.P. State Legal Service Authority, Shimla within eight weeks from today, the judgments of conviction and sentence shall automatically revive. As an amount of ₹ 1,76,000/- has been deposited by petitioner in the Registry of this court, therefore, Registry of this Court is directed to release the said amount, along with interest, if any, to the respondent No. 1/complainant Birendra Bahadur Singh, by remitting the same in his bank account to be supplied by the respondent in person or through his counsel ₹ 44,000/- has been deposited by the petitioner in the Trial Court, therefore, the Trial Court is also directed to release the amount of compensation, deposited by the petitioner/accused in favour of respondent No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction for release of entire amount of compensation i.e. Rs. 1,76,000/- deposited by him in the Registry of this Court and Rs. 44,000/- deposited in the trial Court during pendency of appeal before appellate Court. He has further stated that he has also instructions to communicate that due to poor financial condition, petitioner is not in a position to pay compounding fee and, therefore, prayer for exemption of payment of compounding fee has been made. According to him, he has deposed in consonance with the instructions imparted to him for compounding the case. 3. Mr. Anuj Gupta, Advocate, learned counsel representing respondent No. 1/complainant, in his statement has stated that he is authorized and competent to make statement on behal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... io of law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5) SCC 663 as clarified by the Apex Court in Madhya Pradesh State Legal Services Authority Vs. Prateek Jain and another 2014 (10) SCC 690, a lenient view be taken and the petitioner be exempted from payment of compounding fee. 7. Considering the entire facts and circumstances and ratio of law laid down by the Apex Court in aforesaid cases, instead of 15% of the cheque amount, petitioner/accused is directed to deposit Rs. 5,000/- as compounding fee with the H.P. State Legal Services Authority, Shimla within four weeks from today. 8. After depositing compounding fee/cost, petitioner shall place a copy of receipt of deposit of compounding fee on record ..... X X X X Extracts X X X X X X X X Extracts X X X X
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