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2022 (9) TMI 423 - HC - Indian LawsDishonor of Cheque - petitioner submits that Section 138 N.I. Act proceedings are primarily a civil wrong - rebuttal of presumption - HELD THAT:- The offence under Section 138 of N.I. Act, although a criminal offence, it can certainly be considered as a civil wrong for the purpose of invoking Section 258 of the Cr.P.C. - This Court further takes note of the fact that in the year 2011 itself there was a clear refusal on the part of the respondent to accept the amount for compounding the offence herein. Since the parties have settled the dispute and complainant respondent No.2 had accepted the sum towards full and final settlement of the cheque, on the satisfaction of the complainant and in the light of provisions of Section 147 of NI Act - in view of law laid down by the Hon'ble Apex Court in the case of DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], the sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside. The petitioner is directed to deposit 15% of the cheque amount with the State Legal Services Authority, Jodhpur within a period of two weeks from today - Application disposed off.
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