Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 643 - HC - Indian LawsDishonor of Cheque - compromise has been arrived at between the parties and payment has been made - Section 138 of N.I. Act - HELD THAT:- It reveals that complainant has expressed that without any threat, inducement or pressure, she voluntarily entered into a compromise with the applicant with a view to improve their mutual relationships and to foster tranquility and peace between them as also in the society. As per the law laid down in the case of DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT], the applicant is required to pay 15% (application for compounding of offence has been filed in this case) of the cheque amount by way of cost to be deposited in pursuance of the compromise. This offence of Section 138 of Negotiable Instrument Act, is compoundable with the permission of this Court, as per the law laid down in the case of Damodar S. Prabhu and this Court does not find any reason for refusing the prayer of the complainant as well as applicant for granting permission to compound the offence. Hence, permission is granted. The impugned orders passed by the Courts below are hereby set aside - revision allowed.
|