Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (2) TMI 299 - HC - Indian LawsDishonor of Cheque - amicable settlement of dispute - compounding of offences - offence punishable under Section 138 of the N.I. Act - HELD THAT:- It has emerged that the applicant has been convicted by the concerned Criminal Court for the offence punishable under Section 138 of the N.I. Act. However, now, the parties have amicably settled the dispute and, therefore, the complainant has filed an affidavit stating that if the order of conviction passed against the applicant is quashed and set aside, he has no objection. In the case of DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], the Honourable Supreme Court has held that if the application for compounding is made 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. Thus, when the parties have settled the dispute amicably, compounding of the offence is required to be permitted. Accordingly, the application is allowed.
|