ASHOK PANCHBHAI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The question for consideration in the present writ petition under Article 227 of the Constitution of India would be as under :-

(2.) The petitioner herein was convicted by learned Judicial Magistrate 1st Class, Ambikapur vide order dated 28/11/2018 for offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter "the NI Act") with rigorous imprisonment of six months and he was also directed to pay a compensation to the extent of Rs. 1,70,000/- under Section 357 (3) of the Cr.P.C. Questioning the said order, the petitioner herein preferred an appeal before the Court of Session. Learned 1st Additional Sessions Judge, Ambikapur, by its order dated 14/12/2018, directed the petitioner to deposit 50 % of the awarded amount of compensation, while suspending his sentence. The order of the Sessions Judge was further challenged by the petitioner before this Court in Cr.M.P. No. 325/2019, in which he remained unsuccessful. Thereafter, the petitioner preferred an application before the appellate Court for compromising the matter, which was ultimately referred to the Lok Adalat.

(3.) Lok Adalat, by its order dated 20/04/2019, rejected the application of the petitioner holding that following the guidelines particularly in paragraph 15 (c) of Damodar S. Prabhu (supra) i.e. depositing 15 % of the cheque amount by way of cost while accepting the application for compounding is mandatory. Challenging the order of the Lok Adalat, the petitioner has preferred the present writ petition before this Court.