Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (6) TMI 197 - HIMCHAL PRADESH HIGH COURTDishonor of Cheque - levy of compounding fees of lesser amount - Section 138 of Negotiable Instrument Act - HELD THAT:- In present case, the cheque amount was of Rs.4,50,000/-but amount of compensation is Rs.5,00,000/- and the matter has been compounded. As the petitioner/accused has paid Rs.4,45,000/- to the complainant and Rs.55,000/- is yet to be paid, for which petitioner has issued Cheque No. 000181 dated 30.4.2022 for Rs.15,000/-, Cheque No. 000177 dated 30.5.2022 for Rs.30,000/- and Cheque No. 000178 dated 30.6.2022 for Rs.10,000/- respectively to be drawn on Bandhan Bank Shimla in favour of complainant and in case of default, the judgment of conviction passed against him by trial Court impugned in this petition, shall revive and has prayed for imposing lesser compounding fee instead of 15% of the cheque amount, it is opined that it is an appropriate case to impose lesser compounding fee. Therefore, petitioner is directed to deposit compounding fee of Rs.5,000/- instead of 15% of cheque amount, with the H.P. State Legal Services Authority, Shimla within a period of four weeks from today. After depositing compounding fee/cost, petitioner shall place copy of receipt of deposit on record of this petition. In case of default in depositing compounding fee/cost with H.P. State Legal Services Authority, Shimla within stipulated period, the judgments of conviction and sentence shall automatically revive - petition disposed off.
|