2022 (7) TMI 512

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....T : MR. PRIYANSHUL SHARMA, ADVOCATE ORDER Being aggrieved and dissatisfied with order dated 10.7.2021, passed by the learned District and Sessions Judge, Solan, whereby prayer made by the petitioner-accused to compound the offence came to be allowed subject to the deposit of 20% of the cheque amount as costs with District Legal Services Authority, Solan, petitioner has approached this Court in ....

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.... 4. Having heard learned counsel for the parties and perused material available on record, this Court finds that respondent instituted a complaint under Section 138 of the Negotiable Instruments Act (in short the "Act" ) in the competent court of law against the petitioner-accused, alleging therein that cheque issued by the accused for discharge of his lawful liability was dishonoured on account o....

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.... During the pendency of the appeal before the learned District and Sessions Judge, matter came to be referred to the Lok Adalat, wherein parties entered into compromise. As per compromise, accused has paid the entire cheque amount as is evident from the statement made by the complainant before the learned Sessions Judge on 9.7.2021 (Annexure A). Respondent complainant categorically stated before t....

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....y the learned Sessions Judge appears to be in terms of guidelines framed by the Hon'ble Apex Court in Damodar S. Prabhu v. Sayet Babalal H. (2010) 5 SCC 663, but since parties herein have mutually agreed to resolve their dispute amicably and respondent has no objection in compounding the offence without there being payment of compounding fee, this Court without going into the correctness of the or....