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TMI Blog2024 (5) TMI 983X X X X Extracts X X X X X X X X Extracts X X X X ..... trate First Class, District- Dewas in case No.SCNIA/4376/2015 wherein the applicant has been convicted under Section 138 of Negotiable Instruments Act, 1881 and sentenced to undergo six months rigorous imprisonment and compensation of Rs.57,820/-. 2. The matter is involved cheque amount of Rs.30,000/- in the present matter. 3. Respondent is present in person before this Court who has been identified by his counsel. 4. Learned counsel for both the parties submitted that the dispute has been settled amicably and the parties have filed affidavit in this regard counsel for the respondent has submitted that he has no objection if petitioner is acquitted from the charge under Section 138 of Negotiable Instruments Act, 1881. 5. Since the parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit. (c) Similarly, if the application for compounding is made Criminal Revision No.3198/2021 before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ances of a case, while recording reasons in writing for such variance. Bona fide litigants should of course contest the proceedings to their logical end. 26. Even in the past, this Court has used its power to do complete justice under Article 142 of the Constitution to frame guidelines in relation to subject-matter where there was a legislative vacuum. 7. In view of the aforesaid paragraphs, and considering the fact that the parties have amicably settled their dispute and have entered into compromise before this Court in the revision and decided to avoid further litigation, hence, the applicant is liable to pay 3% of the cheque amount i.e. Rs. 900/- by way of cost to be deposited with the "State Legal Services Authority" Indore. 8. Su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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