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2020 (11) TMI 427 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - It is argued that the law regarding compounding of offences under the N.I. Act is very clear and is no more res integra and the offences under the N.I. Act can be compounded even at any stage of the proceedings - HELD THAT:- It is clear that the parties have already entered into a settlement outside the court and the entire amount as directed by the learned trial Court duly affirmed by the appellate Court has been paid to the complainant. The complainant has also made a categorical statement before the Court and he has also filed an affidavit to the aforesaid effect in the present revision. It is pointed out that the entire amount of ₹ 65,000/- has already been paid in cash to the complainant. This Court deems it appropriate to permit the parties to compound the offence on the basis of the compromise entered into between the parties. However, in terms of the Guidelines framed by the Hon'ble Supreme Court as the accused/revisionist has not appeared before the Court and has not taken effective steps to compound the offence at initial stage, thus following the Guidelines, this Court deems it appropriate to permit the compounding of offence subject to payment of cost at the rate of 15% of the cheque amount to be paid to the complainant. Thus, in the aforesaid terms it is directed that if the accused/revisionst pays a cost of 15% of the cheque amount to the complainant within a period of 15 days from the date of passing of this order, this Court permits the compounding of offence to the parties. If such an amount towards the cost is being paid to the complainant then the judgment and conviction dated 16.04.2018 passed by the trial Court duly affirmed by the appellate court is set aside. The revisionist is acquitted from all the charges. He is in custody, he be released forthwith and set free, if not requires in any other case. The application for suspension of sentence of the revisionist has rendered infructuous - Application disposed off.
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