9911796707
TMI Blog2022 (12) TMI 1497X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2017, titled as Pushpa Devi versus Rajinder Kumar has been affirmed, wherein petitioner has been convicted under Section 138 of Negotiable Instrument Act (NI Act) and sentenced to undergo simple imprisonment of four months and to pay fine of Rs. 50,000/- payable to the respondent-complainant as compensation. 2. Petitioner against amount of compensation of Rs. 50,000 has deposited Rs. 15,000/- in the trial Court and Rs. 40,000/- in the Registry of this Court and as such, he has deposited Rs. 55,000/- against amount of compensation of Rs. 50,000/-. 3. Petitioner had expressed his willingness for compounding the case by making payment additional payment of 10% of awarded compensation. To show his bonafide he was permitted to deposit Rs. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1881 wherein it has been observed that judgment in Meters and Instruments (supra) conferring power on the trial Court to discharge an accused under Section 138 of Negotiable Instruments Act is not a good law. 7. Learned counsel for the petitioner submits that petitioner is 52% permanently physically disabled persons and he was suffering from financial problem and therefore, he could not arrange money for payment to the complainant, but immediately on arrangement of such money, he offered to pay 10% more than the compensation amount to the complainant for resolving the dispute amicably to compound the case and therefore, prayer, to allow compounding of the case in the interest of justice, has been made. 8. So far as observation in suo-moto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are set-aside and petitioner is acquitted of the offence charged. 13. Trial Court is directed to release the amount of Rs.15,000/- deposited by the petitioner in the Trial Court alongwith interest, if any, accrued thereon, to the respondent-complainant Pushpa Devi by remitting the same in her Bank Account without issuing notice to petitioner-accused-Rajinder Kumar, on production of downloaded copy of this order along with details of Bank account. 14. Registry of this Court is also directed to release the amount deposited by the petitioner to the respondent-complainant, along with up-to-date interest, by remitting the same in bank account of respondent-complainant on supply of detail of Bank account. 15. Accordingly, the present petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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