Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2023 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (8) TMI 529 - HC - Indian LawsDishonour of Cheque u/s 138 of NI Act - reduction in the sentences imposed on petitioner - complainant submits that the complainant has received the whole amount of cheque as per the settlement - no minimum sentence provided under the Negotiable Instruments Act, 1881. HELD THAT:- Since the parties are entering into compromise at the stage of revision, therefore, law laid down by the apex Court in the case of DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT] will be applicable in this case, where it was held that The competent Court can of course reduce the costs with regard to the specific facts and circumstances of a case, while recording reasons in writing for such variance. Bona fide litigants should of course contest the proceedings to their logical end. Considering the fact that the parties have amicably settled their dispute and have entered into compromise before this Court in the revision and decided to avoid further litigation, hence, the applicant is liable to pay 3% of the cheque amount i.e. Rs.4,500/- by way of cost to be deposited with the “State Legal Services Authority” Indore - Subject to payment of cost at the rate of 3% of the cheque amount with the “State Legal Services Authority” Indore, within a period of 15 days from today, the applicant be released from the jail. Sentence awarded to the applicant is hereby modified by reducing the sentence to the period already undergone. In case of failure to deposit of the said amount before the State Legal Services Authority, the petitioner shall undergo the original sentence and compensation as awarded by learned trial Court - revision disposed off.
|