Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (5) TMI 983 - MADHYA PRADESH HIGH COURTDishonour of Cheque - dispute has been settled amicably - respondent has submitted that he has no objection if petitioner is acquitted from the charge under Section 138 of 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 'if the application for compounding is made Criminal Revision No.3198/2021 before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs.' 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. 900/- 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 seven days from the date of this order, the applicant be acquitted and released from the jail thereon, if he is in jail. The revision stands disposed of.
|