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TMI Blog2023 (10) TMI 1209X X X X Extracts X X X X X X X X Extracts X X X X ..... subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit. Thus, considering the fact that the parties have amicably settled their dispute and have entered into compromise before this Court in the revision and decided to avoid further litigation, hence, the applicant is liable to pay 2% of the cheque amount i.e. Rs.8,480/- by way of cost to be deposited with the State Legal Services Authority Indore - Subject to payment of cost at the rate of 2% of the cheque amount with the State Legal Services Authority Indore, within a period of 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid the whole amount of Rs.4,24,000/- as per the compromise before the trial Court. Hence, prays for a direction also to release the amount of Rs.4,24,000/- in favour of complainant. 4. Since the parties are entering into compromise at the stage of revision, therefore, law laid down by the apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in (2010) 5 SCC 663 will be applicable in this case. Paragraph No.21 of the aforesaid judgment is reproduced as under:- 21. With regard to the progression of litigation in cheque bouncing cases, the learned Attorney General has urged this Court to frame guidelines for a graded scheme of imposing costs on parties who unduly delay compounding of the offence. It was submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 5. Further in paragraphs 24, 25 and 26 of the aforesaid judgment, learned Apex Court has held as under: 24. We are also conscious of the view that the judicial endorsement of the above quoted guidelines could be seen as an act of judicial law-making and therefore an intrusion into the legislative domain. It must be kept in mind that Section 147 of the Act does not carry any guidance on how to proceed with the compounding of offences under the Act. We have already explained that the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re this Court in the revision and decided to avoid further litigation, hence, the applicant is liable to pay 2% of the cheque amount i.e. Rs.8,480/- by way of cost to be deposited with the State Legal Services Authority Indore. 7. Subject to payment of cost at the rate of 2% of the cheque amount with the State Legal Services Authority Indore, within a period of 15 days from today, the applicant be released from the jail. Sentence awarded to the applicant is hereby modified by reducing the sentence to the period already undergone. 8. In case of failure to deposit of the said amount before the State Legal Services Authority, the petitioner shall undergo the original sentence and compensation as awarded by learned trial Court. 9. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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