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TMI Blog2021 (11) TMI 985X X X X Extracts X X X X X X X X Extracts X X X X ..... Cr. Complaint No. 98/3 of 2018, convicting and sentencing the petitioner-accused under Section 138 of Negotiable Instruments Act to undergo simple imprisonment for six months and to pay compensation of Rs. 2,20,000/- to the complainant, has been affirmed. 2. Mr. Dheeraj K. Vashisht, learned counsel for petitioner, under instructions, in his statement recorded today in the Court, has stated that he is authorized and competent to make statement on behalf of petitioner that petitioner intends to compromise the matter and, therefore, petitioner has no objection for release of entire amount of compensation i.e. Rs. 1,76,000/- deposited by him in the Registry of this Court and Rs. 44,000/- deposited in the trial Court during p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out of dishonor of cheque, under Section 138 of the Negotiable Instruments Act, is treated to be withdrawn and judgments of conviction and sentence passed by the Courts below are quashed and set aside. Petitioner-accused is acquitted of the accusation framed against him. 6. Learned counsel for the petitioner has prayed for exemption of compounding fee on the ground that due to poor financial condition, petitioner could not pay the amount well in time and now he is not in a position to pay the compounding fee. It is also submitted by him that considering the ratio of law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5) SCC 663 as clarified by the Apex Court in Madhya Pradesh State Legal Services Authority Vs. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the accused-petitioner (Inderjeet Sedha) by remitting the same in his bank account, details whereof shall be furnished by him either in person or through counsel at the time of production of copy of this order in the trial Court.
10. Petition stands disposed of, in the aforesaid terms, so also the pending application(s), if any.
11. Copy of this judgment be sent to H.P. State Legal Services Authority, Shimla.
12. Parties are permitted to use downloaded copy from the High Court website for depositing the compounding fee with the H.P. Legal Services Authority, Shimla and for other purposes also. Concerned authority shall not insist for certified copy. Passing of order may be verified from High Court website. X X X X Extracts X X X X X X X X Extracts X X X X
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