2023 (10) TMI 1209

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....Section 138 of Negotiable Instruments Act, 1881 and sentenced him to under 1 year rigorous imprisonment and compensation of Rs.4,24,000/-. 2. Present revision is filed along with a compromise deed and according to which both the parties have entered into with their free will and there is no undue influence, pressure, force, duress or coercion over the parties and the entire amount has been duly received by the complainant as per their settlement. Hence, prayed that the sentenced of the appellant be reduced to the period already undergone. 3. Learned counsel for the complainant submits that the dispute has been settled amicably and he has no objection if petitioner is acquitted from the charge under Section 138 of Negotiable Instruments Ac....

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....plication for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the court without imposing any costs on the accused. (b) If the accused does not make an application 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 Hig....

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.... Even though the imposition of costs by the competent court is a matter of discretion, the scale of costs has been suggested in the interest of uniformity. The competent Court can of course reduce the costs with regard to the specific facts and circumstances 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. 6. In view of the aforesaid paragraphs, and considering the fact that the parties have amicably settled their dispute and have entered in....