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TMI Blog2022 (11) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... I. Act has made every offence punishable under the N.I. Act as compoundable. As such, there is no bar for the parties in the proceeding to compound the offence - Admittedly, in the instant case, the cheque amount is for a sum of Rs. 7,00,000/-, as such, the graded cost would be Rs. 1,05,000/-. The parties are permitted to compound the offence under Section 147 of the N.I. Act. The matter is settled as per the terms mentioned in the joint application and also the independent affidavits filed by both side and the petitioner herein who was accused in the Trial Court in C.C. No. 14347/2016 is acquitted of the offence punishable under Section 138 of the N.I. Act - the present revision petition stands disposed of. - Criminal Revision Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that, they have settled the matter amicably and have compromised the matter. The learned counsel for the respondent/complainant orally submitted his 'no objection' in allowing the revision petition by setting aside the impugned judgments and acquitting the petitioner/accused of the offence punishable under Section 138 of the N.I. Act. 4. Learned counsels for the parties also make their submission on the lines of the compromise petition. 5. The sum and substance of the joint application as well as the affidavits filed by both parties is that, the parties have settled the matter amicably, stating that, the petitioner herein (accused) has offered to pay in total a sum of Rs. 6,50,000/-to the respondent/complainant, as full and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he payment of the graded cost by the petitioner/accused. 7. Section 147 of the N.I. Act has made every offence punishable under the N.I. Act as compoundable. As such, there is no bar for the parties in the proceeding to compound the offence. However, at the same time, the guidelines laid down by Hon'ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H reported in AIR 2010 SUPREME COURT 1907 regarding imposing graded cost on litigant also to be borne in mind. According to the said Judgment in Damodar S. Prabhu's Case (supra), if the application for compounding is made before the Sessions Court or High Court in revision or appeal, such compounding is permitted to be allowed on the common condition that the accused pays 15% of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f this Court, without any further orders from this Court in this regard, however, after his due identification and in accordance with law. 11. Accordingly, taking into consideration the joint application-I.A. No. 3/2022 filed by both side, the guidelines given by the Hon'ble Apex Court in Damodar S. Prabhu's case (supra) and the circumstance of the case on hand, I.A. No. 3/2022 is allowed. The parties are permitted to compound the offence under Section 147 of the N.I. Act. The matter is settled as per the terms mentioned in the joint application and also the independent affidavits filed by both side and the petitioner herein who was accused in the Trial Court in C.C. No. 14347/2016 is acquitted of the offence punishable under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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