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2022 (9) TMI 731 - Indian Laws
Dishonor of Cheque - compensation should be twice the cheque amount, or not - Section 138 of the Negotiable Instruments Act - HELD THAT:- Nowhere in the four corners of the application the petitioner has stated that he intends to withdraw the amount of compensation deposited in court by the opposite party-accused without prejudice to his rights to seek enhancement. It appears from order dated 28.09.2016 of the trial court that the petitioner has not made any submissions that he intends to withdraw the compensation amount without prejudice to his right to seek enhancement. Thus, the aforesaid materials clearly indicate that the petitioner withdrew the amount of compensation out of his own volition. Accordingly, there are no perversity or irregularity in the observation of learned Chief Judge, that the petitioner on one hand challenged the quantum of the sentence and on the other hand received the amount of compensation without the permission from the Court.
The facts and circumstances of the present case does not merit enhancement of the compensation imposed by the learned trial court - Application dismissed.