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2023 (10) TMI 153 - HIMACHAL PRADESH HIGH COURTDishonour of Cheque - insufficient funds - amicable settlement of dues - compounding of offence - HELD THAT:- Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has amicably settled the matter with the complainant-respondent before the learned Mediator and as per the settlement the complainant-respondent has abandoned and relinquished all his rights and entitlements in respect of the cheque in question forming subject matter of the proceedings under Section 138 of the NI Act, the instant prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon’ble Apex Court in K. Subramanian Vs. R. Rajathi [2009 (11) TMI 1013 - SUPREME COURT]. In view of the detailed discussion made hereinabove as well as law laid down by the Hon’ble Apex Court, the present matter is ordered to be compounded, as per the terms and conditions, recorded by the learned Mediator and reproduced hereinabove. Accordingly, judgment of conviction, dated 31.05.2017, and order of sentence dated 02.06.2017, passed by the learned Judicial Magistrate First Class, Karsog, District Mandi, H.P., in Complaint No. 83 of 2014, and affirmed by the learned Additional Sessions Judge-I, Mandi, District Mandi, H.P., vide judgment dated 12.08.2022, in Criminal Appeal No. 51 of 2017, are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Taking into consideration the law laid down by the Hon’ble Apex Court and the financial condition of the petitioner, as he is a poor person, since the competent Courts can reduce the compounding fee with regard to the specific facts and circumstances of the case, the petitioner is directed to deposit token compounding fee of Rs.5000/- (rupees three thousand) only with the H.P. State Legal Services Authority Shimla, H.P., within four weeks from today. Petition disposed off.
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