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TMI Blog2022 (2) TMI 299X X X X Extracts X X X X X X X X Extracts X X X X ..... urt has held that 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. Thus, when the parties have settled the dispute amicably, compounding of the offence is required to be permitted. Accordingly, the application is allowed. - R/CRIMINAL MISC. APPLICATION NO. 1046 of 2022 - - - Dated:- 31-1-2022 - HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI Appearance: MR. HARDIK K RAVAL(6366) for the Applicant(s) No. 1 for the Respondent(s) No. 2 MR LB DABHI, APP for the Respondent(s) No. 1 ORAL ORDER 1. With the consent of learned advocates appearing for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced on record at Page-29. He has also referred the No Due Certificate is placed on record at Page-32. It is, therefore, urged that the impugned judgment be quashed and set aside on the ground of settlement arrived at between the parties. 7. Learned advocate for the applicant has placed reliance upon the decision rendered by the Honourable Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in (2010) 5 SCC 663 and the order dated 06.05.2021 passed by this Court in Criminal Misc. Application No.18712 of 2020 (Khokhar Iliyas Bismilla Khan Vs. State of Gujarat Anr.). Having relied on the said decisions, learned advocate for the applicant urged that compounding of offence is permissible even after the conviction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plying the ratio of various decisions by this Court and the Apex Court as well as in view of the guidelines as laid down in the case of Damodar S. Prabhu (Supra) as also considering the object of Section 138 of the NI Act, which is mainly to inculcate faith in the efficacy of banking operations and credibility of transacting business through cheque as also taking into account the provisions of Section 147 which states that every offence punishable under this Act shall be compoundable. Further, it is mainly a transaction between the private parties where the State is not affected. 16.1 xxx xxx xxx 16.2. Generally the powers available under Section 482 of the Code would not have been exercised when a statutory remedy under the law i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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. 13. Keeping in view of the aforesaid decision rendered by the Honourable Supreme Court and the order passed by this Court, I am of the view that when the parties have settled the dispute amicably, compounding of the offence is required to be permitted. Accordingly, the application is allowed. The impugned judgment and order of conviction dated 20.12.2021 pass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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