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2022 (3) TMI 549 - HC - Indian LawsDishonor of Cheque - acquittal of the accused - panchayati compromise - appeal has not been finally adjudicated and is still pending and during the pendency of the appeal, compromise has been effected between the parties, as per which, all the disputes between petitioner and respondent No.1 have been resolved - HELD THAT:- Keeping in view the law laid down in the above said judgment, more so, the judgment of the Hon'ble Supreme Court in RAMGOPAL, KRISHNAPPA & ANR. VERSUS THE STATE OF MADHYA PRADESH, STATE OF KARNATAKA [2021 (9) TMI 1358 - SUPREME COURT], the relevant parameters for consideration as laid down in the said judgment, would be considered by this Court. Firstly, the occurrence which has been involved in the present petition can be categorized as purely personal/criminal act of private nature. Secondly, in the present case, there is no injury caused to any person and complaint under Section 138 of the Act of 1881, has been registered on account of a monetary dispute, which has been settled and the allegations in the case do not exhibit an element of mental depravity or commission of an offence of such a serious nature. The acquittal in the present case would not override public interest. Thirdly, since the allegations in the complaint show that there was only a monetary dispute, which has now been settled, it is immaterial that the petitioner has been convicted by the trial Court. Fourthly, compromise is without any coercion or compulsion and has been entered into willingly and voluntarily. Fifthly, the occurrence in the present case took place in the year 2011 and there is nothing to show that any untoward incident had taken place after the same. Sixthly, the compromise effected between the parties would help in bringing out peace and harmony among the parties. Seventhly, the object of administration of the criminal justice system would remain unaffected on acceptance of the said amicable settlement between the parties and/or resultant acquittal of the petitioners. Hon'ble the Supreme Court in Damodar S. Prabhu's case [2010 (5) TMI 380 - SUPREME COURT] had observed that in case, compromise has been effected at the stage as in the present case, 15% of the cheque amount would have to be deposited by the petitioner. The present petition is allowed
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