TMI Blog2021 (5) TMI 769X X X X Extracts X X X X X X X X Extracts X X X X ..... ffence punishable under Section 138 N.I. Act. The impugned judgment dated 30.07.2018 passed by the learned Additional Sessions Judge, Panchkula, and the judgment of conviction dated 28.04.2016 and the order of sentence dated 29.04.2016, passed by the learned Judicial Magistrate Ist Class, Panchkula, are set aside. The complaint under Section 138 N.I. Act. is dismissed and the petitioner is acquitted of the notice(s) of accusation served upon him. The complaint under Section 138 N.I. Act. is dismissed and the petitioner is acquitted of the notice(s) of accusation served upon him - Petition disposed off. - CRR-2936-2018 (O&M) - - - Dated:- 28-4-2021 - Harnaresh Singh Gill, J. For the Appellant : K.S. Chaudhary, Advocate For t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner submitted that in fact the petitioner had issued five cheques for a total amount of ₹ 16,36,000/- which were dishonoured. It has been submitted that the matter in fact stands compromised amongst the parties and it has been agreed that the petitioner would repay the amount by way of four installments as has been recorded in compromise deed dated 23.01.2019. Learned counsel for the petitioner has categorically stated that the aforesaid compromise is in respect of all five cases and not just the four cases which are also listed before this Court today. Notice of motion. Dasti as well. This case shall also be taken up alongwith other connected four cases on 25.09.2019. Respondent No. 2-complainant sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent No. 2-complainant does not have any objection to the aforesaid prayer made by the counsel for the petitioner. 13. The Hon'ble Supreme Court in Madhya Pradesh State Legal Services Authority Vs. Prateek Jain Anr., (2014)10 SCC 690, held that it would be for the parties, particularly the accused person, to make out a plausible case for the waiver/reduction of the costs and to convince the concerned Court about the same. It was held as under:- ....Having regard thereto, we are of the opinion that even when a case is decided in Lok Adalat, the requirement of following the guidelines contained in Damodar S. Prabhu (supra) should normally not be dispensed with. However, if there is a special/specific reason to deviate theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and the appellant is entitled to an acquittal. The learned counsel for the appellant has drawn our attention to the case of Damodar S. Prabhu vs. Sayed Babalal H., (2010) 5 SCC 663 and submitted that in cases arising under Section 138, N.I. Act where the parties are compromising the matter this Court has issued the guidelines as to the levy of costs depending upon stage of the compromise arrived at between the parties. The learned counsel for the appellant has submitted that in the special facts and circumstances of the case, the Court can waive the costs to be levied. As discussed earlier, in the present case, the appellant, accused was acquitted by the Trial Court inter alia on the ground that the respondent had not established that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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