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2022 (4) TMI 1246 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - amicable settlement between parties, entering into compromise - HELD THAT:- In compliance of order of this Court though the applicant/revisionist did appear in person as he was in jail, however, his counsel Shri Arpan Shrivastava appeared before the Registrar Judicial-II for verification of their compromise. The complainant who has been identified by his counsel Shri Kapil Patwardhan appeared in person before the Registrar (Judicial-II). The Registrar (Judicial-II) submitted his report dt.10.3.2022 stating that complainant has voluntarily entered into compromise without any force, compulsion, duress, undue influence or threat. The complainant also stated that he has no objection if the applicant/revisionist is acquitted in the light of compromise in question. However, the Registrar (Judicial-II) has pointed out that in view of decisions in the case of Damodardas S. Prabhu Vs. Sayed Babalal H, [2010 (5) TMI 380 - SUPREME COURT] and M.P. State Legal Services Authority Vs. Prateek Jain and others, [2014 (10) TMI 528 - SUPREME COURT] the applicant/revisionist is required to deposit 15% of the cheque amount as costs with the State Legal Servics Authority - it is directed subject to applicant's depositing compounding fee of 15% of cheque amount (₹ 1,50,000/-) i.e. ₹ 22,500/- before the State Legal Services Authority, Jabalpur within 15 days from the date of receipt of copy of this order, the prayer of parties for compounding be treated to have been allowed, impugned judgment dated 30.07.2021 be treated to be set aside and the applicant be treated to be acquitted from the charge under section 138 of the Negotiable Instruments Act. Revision allowed.
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