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TMI Blog2023 (11) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... tigants from unduly delaying the composition of the offence in cases involving Section 138 of the Act. In view of the aforesaid judgement, and 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. 36,000/-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 days from today, the applicant be released from the jail and if not in jail, the applicant shall be treated as acquitted f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 24.07.2023 passed by 3rd Additional Sessions Judge, Ujjain in Criminal Appeal No. 89/2023 whereby learned Sessions Court affirmed the order dated 20.04.2023 passed by Judicial Magistrate First Class, Ujjain in criminal case No. 435/2017, wherein the applicant has been convicted under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to under 01 year rigorous imprisonment and compensation of Rs. 18,00,000/-alongwith interest @ 9 per annum with default stipulations. 5. Present revision is filed along with a compromise deed and according to which both the parties have entered into with their free will and there is no undue influence, pressure, force, duress or coercion over the parties and the entire amount has been duly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terrent for delayed composition, since at present, free and easy compounding of offences at any stage, however belated, gives an incentive to the drawer of the cheque to delay settling the cases for years. An application for compounding made after several years not only results in the system being burdened but the complainant is also deprived of effective justice. In view of this submission, we direct that the following guidelines be followed:- (i) In the circumstances, it is proposed as follows: (a) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the strict sense. In view of the legislative vacuum, we see no hurdle to the endorsement of some suggestions which have been designed to discourage litigants from unduly delaying the composition of the offence in cases involving Section 138 of the Act. 25. The graded scheme for imposing costs is a means to encourage compounding at an early stage of litigation. In the status quo, valuable time of the Court is spent on the trial of these cases and the parties are not liable to pay any Court fee since the proceedings are governed by the Code of Criminal Procedure, even though the impact of the offence is largely confined to the private parties. Even though the imposition of costs by the competent court is a matter of discretion, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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