TMI Blog2023 (9) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... ject to payment of cost at the rate of 2% of the cheque amount with the State Legal Services Authority Indore, within a period of 15 days from today, the applicant be released from the jail. Sentence awarded to the applicant is hereby modified by reducing the sentence to the period already undergone. Revision disposed off. - HON'BLE SHRI JUSTICE PREM NARAYAN SINGH FOR THE PETITIONER : SHRI ANSHUL SHRIVASTAVA- ADVOCATE FOR THE RESPONDENTS : SHRI SHUBHAM YADAV - ADVOCATE [ R - 1 ] ORDER Present revision has been filed against judgment dated 20.06.2023 passed by Sessions Judge, Mandsaur in Criminal Appeal No.24/2023 whereby learned Sessions Court affirmed the order dated 21.07.2023 passed by Judicial Magistr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of the offence. It was submitted that the requirement of deposit of the costs will act as a deterrent for delayed composition, since at present, free and easy compounding of offences at any stage, however belated, gives an incentive to the drawer of the cheque to delay settling the cases for years. An application for compounding made after several years not only results in the system being burdened but the complainant is also deprived of effective justice. In view of this submission, we direct that the following guidelines be followed:- (i) In the circumstances, it is proposed as follows: (a) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We have already explained that the scheme contemplated under Section 320 of the CrPC cannot be followed in the strict sense. In view of the legislative vacuum, we see no hurdle to the endorsement of some suggestions which have been designed to discourage litigants from unduly delaying the composition of the offence in cases involving Section 138 of the Act. 25. The graded scheme for imposing costs is a means to encourage compounding at an early stage of litigation. In the status quo, valuable time of the Court is spent on the trial of these cases and the parties are not liable to pay any Court fee since the proceedings are governed by the Code of Criminal Procedure, even though the impact of the offence is largely confined to the priv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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