TMI Blog2022 (7) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... ancial condition and is not able to pay compounding fee @ 15% and, therefore, a prayer has been made by learned counsel for exempting the compounding fee, keeping in view ratio of law laid down by the Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [ 2010 (5) TMI 380 - SUPREME COURT] as clarified by the Apex Court in MADHYA PRADESH STATE LEGAL SERVICES AUTHORITY VERSUS PRATEEK JAIN ANOTHER [ 2014 (10) TMI 528 - SUPREME COURT] - Considering the entire facts and circumstances and ratio of law laid down by the Apex Court in aforesaid cases, instead of 15% of the cheque amount, petitioner/accused is directed to deposit Rs.3,000/as compounding fee with the H.P. State Legal Services Authority, Shimla within four weeks from today. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and remaining amount is to be refunded to the petitioner Yog Raj Bhardwaj. Therefore, Rs.48,000/deposited by the petitioner in the trial Court is to be released in favour of respondent No.1complainant. He has further stated that the petitioner has deposited Rs.1,92,000/before the Registry of this Court, out of which Rs.1,81,000/is to be released in favour of respondent No.1complainant and remaining amount along with uptodate interest be refunded to the petitioner Yog Raj. He has further stated that petitioner has no objection for releasing the amount in aforesaid terms. 4. Mr. G.R. Palsra, Advocate, learned counsel for respondent No.1complainant, has stated that he is competent and duly authorized to make statement on behalf of responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 2014 (10) SCC 690. 8. Considering the entire facts and circumstances and ratio of law laid down by the Apex Court in aforesaid cases, instead of 15% of the cheque amount, petitioner/accused is directed to deposit Rs.3,000/as compounding fee with the H.P. State Legal Services Authority, Shimla within four weeks from today. 9. After depositing compounding fee/cost, petitioner shall place a copy of receipt of deposit of compounding fee on record of this petition. In case of default in depositing compounding fee/cost with the H.P. State Legal Service Authority, Shimla within four weeks from today, the consequential action shall follow to recover the said amount as fine under Cr.P.C. 10. Trial Court is directed to release Rs. 48,000/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
