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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 ..... e cases where sentence has been suspended by the Court below. While in this case applicant filed this revision without surrendering her into custody. But Apex Court in the case of Vivek Rai and another Vs. High Court of Jharkhand through Registrar General and others, in W.P (Criminal) No. 61 of 2012 held that-:"The Court in exercise of its inherent powers may grant exemption from surrender having regard to the nature and circumstances of a case." 2. Looking to the fact that the applicant is lady aged about 63 years, non-applicant and the applicant have settled the dispute between them as well as in light of the aforesaid judgment passed by the Apex Court, this revision is heard without the surrender of the applicant into custody. 3. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pal Registrar for verification of compromise. Vide report dated 18.10.2023, the Principal Registrar has verified the compromise between both the parties. As per the said report, both the parties have settled their dispute amicably. 7. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in revision or appeal, such 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." 8. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mise 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. 10. 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 from the charges under Section 138 of N.I. Act on the basis of compromise. 11. 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 awa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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