PREMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties. Criminal Application No. 56 of 2011 : Before dealing with the revision on merit, it would be expedient to decide Criminal Application No. 56 of 2011 filed by the revision applicant under Section 147 of the Negotiable Instruments Act (for short, the "Act") for compounding of the offence.

(2.) Learned counsel for the applicant submits that the applicant has already deposited an amount of Rs. 12,500/- at the time of preferring appeal and today she is making payment of Rs. 24,500/- by demand draft drawn on State Bank of India in favour of respondent no. 2 to make up the total liability of Rs. 37,000/- under two cheques. Learned counsel for the applicant submits that applicant is ready to pay 15% amount of total liability which comes to Rs. 5500/- by way of costs in terms of guidelines of the Supreme Court in Damodar S. Prabhu v. Sayed Babalal H, 2010 5 SCC 663. The guidelines issued by the Apex Court are reproduced below :

(3.) Learned counsel for respondent no. 2 has opposed the application. He submits that the applicant has unilaterally preferred the application and he cannot be permitted to compound the offence by paying off principal amount of Rs. 37000/- after a period of over ten years. He prayed for rejection of the application.