9911796707
TMI Blog2022 (7) TMI 1113X X X X Extracts X X X X X X X X Extracts X X X X ..... tiable Instruments Act, present case is compounded and complaint arising out of dishonor of cheque, under Section 138 of the Negotiable Instruments Act, is treated to be withdrawn and judgments of conviction and sentence passed by the Courts below are quashed and set aside. Petitioner-accused is acquitted of the accusation framed against him. Learned counsel for the petitioner submits that considering the ratio of law laid down by the Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [ 2010 (5) TMI 380 - SUPREME COURT] as clarified by the Apex Court in MADHYA PRADESH STATE LEGAL SERVICES AUTHORITY VERSUS PRATEEK JAIN ANOTHER [ 2014 (10) TMI 528 - SUPREME COURT] , a lenient view be taken and the petitioner be exempted from paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiable Instruments Act, 1881 and the said amount stands deposited by the petitioner in the Registry of this Court and petitioner has instructed him to pray for compounding the case by releasing the amount of compensation in favour of respondent without adjudicating the petition on merits, but by disposing the case as provided under Section 147 of the Negotiable Instruments Act. 3. Learned counsel for the respondent has submitted that he has instructions to submit that respondent is not ready to consent for compounding as according to him amount of compensation awarded by the Court is inadequate and this is fifth round of litigation, therefore, respondent is entitled to be compensated adequately. Learned counsel for respondent/complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 2,000/- as compounding fee with the H.P. State Legal Services Authority, Shimla within four weeks from today. 8. After depositing compounding fee, petitioner shall place a copy of receipt of deposit of compounding fee on record of this petition. In case of default in depositing compounding fee/cost with the H.P. State Legal Service Authority, Shimla within four weeks from today, the consequential action shall follow to recover the said amount as fine under Cr.P.C. 9. Petition stands disposed of, in the aforesaid terms, so also the pending application(s), if any. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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