TMI Blog2021 (1) TMI 852X X X X Extracts X X X X X X X X Extracts X X X X ..... e - However, at the same time the guidelines laid down by Hon'ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H [ 2010 (5) TMI 380 - SUPREME COURT ] regarding imposing graded cost on litigant also to be borne in mind - According to the said Judgment in Damodar S. Prabhu's Case, if the application for compounding is made before the Sessions Court or High Court in revision or appeal, such compounding is permitted to be allowed on the common condition that the accused pays 15% of the cheque amount by way of cost. Application allowed. - CRIMINAL REVISION PETITION No. 956 OF 2011 - - - Dated:- 13-1-2021 - THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY For the Petitioner : Sri. Vivek S., Advocate For the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 1,09,521/-, had issued a cheque towards the balance consideration of a sum of ₹ 3,20,000/- in the form of post dated cheque bearing No.477340 drawn on Tumkur Grain Merchants Bank Limited, Sira. When the complainant presented the said cheque on the due date, the same came to be dis-honoured with banker's endorsement of insufficiency of funds in the account of the drawer. The complainant demanded the cheque amount by issuing a legal notice for which also, the demand was not met, which constrained her to institute a complaint against the accused for the offence punishable under Sections 138 and 142 of the N.I. Act. 3. The respondents herein are the legal representatives of the deceased complainant who came on record in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsent and keeping their mutual interest under consideration, as such, they may be permitted to compound the offence under Section 147 of the N.I. Act. 9. Section 147 of N.I. Act has made every offence punishable under the N.I. Act as compoundable. As such, there is no bar for the parties in the proceeding to compound the offence. However, at the same time the guidelines laid down by Hon'ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H reported in AIR 2010 SC 1907 regarding imposing graded cost on litigant also to be borne in mind. According to the said Judgment in Damodar S. Prabhu's Case (supra), if the application for compounding is made before the Sessions Court or High Court in revision or appeal, such compounding is p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be appropriated as a part payment towards the graded cost ordered today and the balance amount of ₹ 16,000/- (Rupees Sixteen Thousand Only) is payable by the petitioner/accused within ten days from today. [vi] Non-payment of the graded cost in its entirety within the time is not a due compliance of today's order. [vii] However, this order of compounding of the offence and acquittal of the petitioner herein would come into operation and would enure to the benefit of the petitioner, only after he deposits the graded cost as ordered above, and in its entirety, within ten days from today. In case of non-deposit of the said amount in its entirety, today's order would not enure to the benefit of the petitioner. Registry to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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