2021 (11) TMI 985

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Cr. Complaint No. 98/3 of 2018, convicting and sentencing the petitioner-accused under Section 138 of Negotiable Instruments Act to undergo simple imprisonment for six months and to pay compensation of Rs.  2,20,000/- to the complainant, has been affirmed. 2. Mr. Dheeraj K. Vashisht, learned counsel for petitioner, under instructions, in his statement recorded today in the Court, has stated that he is authorized and competent to make statement on behalf of petitioner that petitioner intends to compromise the matter and, therefore, petitioner has no objection for release of entire amount of compensation i.e. Rs.  1,76,000/- deposited by him in the Registry of this Court and Rs.  44,000/- deposited in the trial Court during pe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ut of dishonor of cheque, under Section 138 of the Negotiable Instruments Act, is treated to be withdrawn and judgments of conviction and sentence passed by the Courts below are quashed and set aside. Petitioner-accused is acquitted of the accusation framed against him. 6. Learned counsel for the petitioner has prayed for exemption of compounding fee on the ground that due to poor financial condition, petitioner could not pay the amount well in time and now he is not in a position to pay the compounding fee. It is also submitted by him that considering the ratio of law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. 2010 (5) SCC 663 as clarified by the Apex Court in Madhya Pradesh State Legal Services Authority Vs. Pr....