TaxTMI 
TaxTMI 
2021 (5) TMI 769
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....38 of the Negotiable Instruments Act, 1881 (for short ''the Act') by complainant-respondent No. 2, the petitioner was convicted and sentenced vide judgment dated 28.04.2016 and order dated 29.04.2016, respectively, passed by the learned Judicial Magistrate Ist Class, Panchkula, as under: under Section Sentence 138 N.I. Act SI for one year and to pay the entire amount as fine to be recovered as compensation. 4. The appeal against the said judgment and order, was dismissed by the learned Additional Sessions Judge, Panchkula on 30.07.2018. 5. Still aggrieved, the petitioner has filed the present revision petition. 6. Learned counsel for the petitioner contends that during the pendency of the present petition, a....
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....respondent No. 2-Complainant, are ad-idem and submit that as the matter stands compromised, necessary permission may be granted to the parties to compound the offence under Section 138 N.I. Act; the impugned judgments and order passed by the trial Court and the appellate Court may be set aside and the petitioner may be acquitted of the charge(s) framed against him. 11. At this stage, learned counsel for the petitioner states that the petitioner, in order to pay the settlement amount to the complainant, has exhausted his entire resources, including the sale of his house/flat and, thus, he is not in a position to deposit the costs in terms of the judgment of the Hon'ble Supreme Court in Damodar S. Prabhu Vs. Sayed Babalal H., (2010)5 S....
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.... the costs by imposing minimal costs or even waive the same. For that, it would be for the parties, particularly the accused person, to make out a plausible case for the waiver/reduction of costs and to convince the concerned Court about the same. This course of action, according to us, would strike a balance between the two competing but equally important interests, namely, achieving the objectives delineated in Damodar S. Prabhu (supra) on the one hand and the public interest which is sought to be achieved by encouraging settlements/resolution of case through Lok Adalats." 14. Learned counsel for the petitioner apart from heavily relying upon the said judgment, relies upon the order dated 06.08.2019 passed in Rajendra Vs. Nand Lal, 202....
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....re cost is to be imposed, as per the guidelines laid down by this Court as per the judgment reported in (2010) 5 SCC 663 (supra)." 15. In view of the above, in the present case, when the complainant does not have any objection to accept the settled amount and further he is ready to forego the costs to be imposed in terms of the judgment of the Hon'ble Apex Court in Damodar S. Prabhu's case (supra). 16. After hearing the learned counsel for the parties and taking into consideration the fact that the parties have settled their dispute(s) by way of the compromise dated 23.01.2019, coupled with the law laid down by the Hon'ble Apex Court in Prateek Jain's case (supra) and keeping in view the specific/special reasons, this ....