TMI Blog2022 (7) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... o be in terms of guidelines framed by the Hon ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [ 2010 (5) TMI 380 - SUPREME COURT ], but since parties herein have mutually agreed to resolve their dispute amicably and respondent has no objection in compounding the offence without there being payment of compounding fee, this Court without going into the correctness of the order deems it f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 20% of the cheque amount as costs with District Legal Services Authority, Solan, petitioner has approached this Court in the instant proceedings filed under Section 482 Cr.PC, praying therein to modify the order dated 10.7.2021, passed by learned Sessions Judge, Solan. 2. Mr. Priyanshul Sharma, Advocate, has filed power of attorney on behalf of the Respondent. He states that since respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er-accused, alleging therein that cheque issued by the accused for discharge of his lawful liability was dishonoured on account of insufficient funds, but since despite having received legal notice, accused failed to make the payment good, respondent-complainant was compelled to initiate proceedings under Section 138 of the Act before the learned Chief Judicial Magistrate. Learned Magistrate subse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the complainant before the learned Sessions Judge on 9.7.2021 (Annexure A). Respondent complainant categorically stated before the learned Sessions Judge that since he has received the entire cheque payment and nothing remains to be recovered from the accused, he has no objection in case judgment of conviction and order of sentence passed by the court below is quashed and set-aside. 6. On 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in compounding the offence without there being payment of compounding fee, this Court without going into the correctness of the order deems it fit to modify the order dated 10.7.2021, passed by the learned Sessions Judge to the extent that petitioner shall not be liable to pay any compounding fee as ordered by the court below. 8. Consequently, in view of the above, this court finds merit i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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