9911796707
TMI Blog2024 (12) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... cted for offence under Sections 138 of N.I. Act 1881 and sentenced for six months R.I. and compensation of Rs.2,87,181/- with default stipulations. 2. Present revision is filed along with compromise application, which was duly verified by Principal Registrar of this Court and vide its report dated 03.10.2024 as per which both the parties have entered into compromise with their free will and there is no undue influence, pressure, force, duress or coercion over the parties and the applicant has already paid the amount to the complainant as per their settlement. Hence, prayed that the sentence of the appellant be reduced to the period already undergone. 3. Since the parties have entered into compromise at the stage of revision, therefore, la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing is made before the Magistrate at a 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. (c) Similarly, if the application for compounding is made Criminal Revision No.3198/2021 before the Sessions Court or a High Court 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." 5. Further in paragraphs 24, 25 and 26 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ona fide litigants should of course contest the proceedings to their logical end. 26. Even in the past, this Court has used its power to do complete justice under Article 142 of the Constitution to frame guidelines in relation to subject-matter where there was a legislative vacuum. 6. In view of the aforesaid paragraphs, 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 3% of the cheque amount of Rs.2,00,000/-i.e. Rs.6000/- by way of cost to be deposited with the "State Legal Services Authority" Indore. 7. Subject to payment of cost at the rate of 3% of the cheque ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
