Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (8) TMI 244 - HC - Indian LawsDishonor of cheque - amicable settlement of the matter - seeking permission for compounding the matter - Section 147 of the N.I. Act - HELD THAT:- The Court is convinced that both parties have settled the matter amicably out of their own volition and free consent and without there being any coercion, fraud or misrepresentation and also keeping their best interest in consideration, as such, there is no reason for denying the permission for settling the matter. Section 147 of the N.I. Act has made every offence punishable under the N.I. Act as compoundable. As such, there is no bar for the parties in proceeding to compound the offence - The enquiry made with the parties who are physically present convinces the Court that both the parties out of their free consent and volition and in their best interest have settled the matter which is further corroborated by the submissions made by their learned counsels. On the terms of the said joint application, the parties be permitted to compound the offence punishable under Section 138 of the N.I. Act, however, subject to the payment of the graded cost by the petitioner/accused - Joint application filed by both side under Section 147 of the Negotiable Instruments Act, 1881, is allowed and the parties to the present petition are permitted to compound the offence, however, subject to the petitioner herein (accused) paying a sum of ₹ 11,250/- towards graded cost. Petition disposed off.
|