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2020 (3) TMI 1403 - HC - Indian LawsDishonor of cheque - compounding of the offence under Section 138 of the Negotiable Instruments Act - HELD THAT:- Taking into consideration the judgment of the Hon’ble Apex Court in Kanchan Mehta’s case [2017 (10) TMI 218 - SUPREME COURT], it is opined that once the petitioner has deposited the entire cheque amount along with interst @ 10% as directed by this Court vide order dated 6.8.2012, no purpose would be served by keeping the matter pending. Even though the respondent/complainant has shown his resistance against accepting the cheque amount, yet the very object of the proceedings under the Act, is to secure the payment of the amount to the complainant and not to increase the arrears of the Courts, simply for the reason that the respondent/complainant does not give his consent. The object is primarily compensatory, punitive element being mainly with the object of enforcing the compensatory element, as may be found acceptable to the parties or the Court. The present revision petition is allowed.
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