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2022 (7) TMI 42 - HC - Indian LawsDishonor of Cheque - amicable settlement of disputes between the parties - compounding of offences - section 138 of NI Act - HELD THAT:- The respondent No.1 complainant is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonor of cheque, under Section 138 of the Negotiable Instruments Act, is treated to be withdrawn and judgments of conviction and sentence passed by the Courts below are quashed and set aside. Petitioneraccused is acquitted of the accusation framed against him. The petitioner submits that petitioner is facing poor financial condition and is not able to pay compounding fee @ 15% and, therefore, a prayer has been made by learned counsel for exempting the compounding fee, keeping in view ratio of law laid down by the Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT] as clarified by the Apex Court in MADHYA PRADESH STATE LEGAL SERVICES AUTHORITY VERSUS PRATEEK JAIN & ANOTHER [2014 (10) TMI 528 - SUPREME COURT] - Considering the entire facts and circumstances and ratio of law laid down by the Apex Court in aforesaid cases, instead of 15% of the cheque amount, petitioner/accused is directed to deposit Rs.3,000/as compounding fee with the H.P. State Legal Services Authority, Shimla within four weeks from today. Petition disposed off.
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