TMI Blog2022 (6) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... ur of complainant and in case of default, the judgment of conviction passed against him by trial Court impugned in this petition, shall revive and has prayed for imposing lesser compounding fee instead of 15% of the cheque amount, it is opined that it is an appropriate case to impose lesser compounding fee. Therefore, petitioner is directed to deposit compounding fee of Rs.5,000/- instead of 15% of cheque amount, with the H.P. State Legal Services Authority, Shimla within a period of four weeks from today. After depositing compounding fee/cost, petitioner shall place copy of receipt of deposit on record of this petition. In case of default in depositing compounding fee/cost with H.P. State Legal Services Authority, Shimla within stipulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e P-6 which bears his signatures. He has stated that as per agreement, petitioner has agreed to make payment of compensation amount in installments and till date, he (respondent) has received Rs.4,45,000/- and now Rs.55,000/- is yet to be received. He has further stated that petitioner, to discharge his liability i.e. to pay balance amount of compensation, has issued Cheuqe No 000181 dated 30.4.2022 for Rs.15,000/-, Cheque No 000177 dated 30.5.2022 for Rs.30,000/- and Cheque No.000178 dated 30.6.2022 for Rs.10,000/- respectively to be drawn on Bandhan Bank, Shimla and these cheques are Account Payee cheques issued in his name. He has further deposed that as per compromise, he has agreed to withdraw his complaint for compounding the case. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding fee. It is submitted by counsel for the petitioner that considering the ratio of law laid down by the Apex Court in Damodar S.Prabhu vs. Sayed Babalal H. (2010)5 SCC 663, the Apex Court in Madhya Pradesh Legal Services Authority vs. Prateek Jain and another (2014)10 SCC 690 wherein it has been held that Court may reduce compounding fee for given facts and circumstances of a particular case, present case is a fit case of exemption of compounding fee. 8. In present case, the cheque amount was of Rs.4,50,000/-but amount of compensation is Rs.5,00,000/- and the matter has been compounded. As the petitioner/accused has paid Rs.4,45,000/- to the complainant and Rs.55,000/- is yet to be paid, for which petitioner has issued Cheque ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
