2013 (2) TMI 369

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t dated 20.11.2012 passed by the learned Additional Sessions Judge, Amritsar, thereby dismissing the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 13.12.2011 passed by learned Judicial Magistrate Ist Class, Amritsar, vide which the petitioner has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2000/-. In default, to further undergo simple imprisonment for a period of three months.The amount of cheque in this criminal revision is Rs. 7,06,000/-. Criminal Revision viz. CRR No. 195 of 2013 has been preferred by the petitioner against judgment dated 20.11....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....itioner against judgment dated 20.11.2012 passed by the learned Additional Sessions Judge, Amritsar, thereby dismissing the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 13.12.2011 passed by learned Judicial Magistrate Ist Class, Amritsar, vide which the petitioner has been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2000/-. In default, to further undergo simple imprisonment for a period of three months.The amount of five cheques in this criminal revision is Rs.35,30,000/- (Rs. 7,06,000/- each). I need not dilate upon the facts of the aforesaid cases i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Court to frame guidelines for a graded scheme of imposing costs on parties who unduly delay compounding 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:- THE GUIDELINES (i) In the circumstances, it is proposed as follows: (a) That directions can b....