9911796707
TMI Blog2022 (3) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... ld that Court may reduce compounding fee for given facts and circumstances of a particular case, present case is a fit case of exemption of compounding fee. It is an appropriate case to impose lesser compounding fee. Therefore, petitioner is directed to deposit compounding fee of ₹ 5,000/- instead of 15% of cheque amount, with the H.P. State Legal Services Authority, Shimla within six weeks from today - petition disposed off. - Criminal Revision No. 398 of 2019 - - - Dated:- 22-2-2022 - HON BLE MR. JUSTICE VIVEK SINGH THAKUR For the Appellant : Topender K. Verma, Advocate For the Respondents : Yogita Dutta, Advocate JUDGMENT Present revision petition has been filed assailing judgment dated 6.8.2019 passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tire amount of compensation and, therefore, in terms of compromise, amount deposited by petitioner, is to be released in favour of respondent. He has further stated that he has made the statement strictly in accordance with instructions imparted to him by respondent. 4. After perusal of record, it transpired that in the trial Court, petitioner had deposited only ₹ 34,000/- instead of ₹ 45,000/-, as stated by him on 17.9.2021, and there was shortfall of ₹ 11,000/-. Therefore, matter could not be compromised/settled on that day. 5. Today, Mr. Topender K. Verma, learned counsel for petitioner, vide separate statement, has stated that as per instructions imparted to him by petitioner, he has made payment of balance amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst him. 9. Learned counsel for the petitioner has also prayed for exempting or imposing lesser amount of compounding fee instead of 15% of cheque amount. It is also submitted by him that considering the ratio 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 Legal Services Authority vs. Prateek Jain and another (2014)10 SCC 690, wherein it has been held that Court may reduce compounding fee for given facts and circumstances of a particular case, present case is a fit case of exemption of compounding fee. 10. Considering facts and circumstances of the case and keeping in view the poor financial condition of petitioner, I am of the opinion t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
