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2022 (1) TMI 753 - HC - Indian LawsDishonor of Cheque - insufficient funds - Compounding of offences - seeking preponing the date of hearing of main case from 10.01.2022 to today itself - HELD THAT:- It is apparent that both the contesting parties are ad idem that the compromise has been duly effected between the parties without any pressure, threat or undue influence and the terms of the said compromise have been duly complied with. The compromise would go a long way in maintaining peace and harmony between the parties and thus, a prayer has been made before this Court for compounding the offence in terms of Section 147 of the Negotiable Instruments Act, 1881 read with Section 320 (6) Cr.P.C. Since the offence relating to dishonour of cheque has a compensatory profile and is required to have precedence over punitive mechanism, therefore, the present revision petition deserves to be allowed. The petitioner is directed to deposit an amount of ₹ 30,000/- being 15% of the cheque amount with the High Court Lawyers' Welfare Fund within a period of 6 weeks from today. However, it is made clear that in case the petitioner does not deposit the said amount of ₹ 30,000/- within the aforesaid period then the present criminal revision would be deemed to have been dismissed. Since, the main case has been decided, application bearing CRM-36741-2021 for suspension of sentence of applicant-petitioner is rendered infructuous and is disposed of.
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