D.LAKSHMI Vs. Y.V.SARMA

JUDGEMENT

(1.) THIS Criminal Revision Case is directed against the order, dated 22.12.2012 passed in Crl.M.P.No.753 of 2012 in Criminal Appeal No.59 of 2011 on the file of II Additional District and Sessions Judge, Cyberabad, Ranga Reddy District at L.B.Nagar, whereby and whereunder, the learned Additional Sessions Judge directed the parties to follow the guidelines of the apex Court in Damodar S.Prabhu v. Sayed Babalal H.1 to compound the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (for short, 'the N.I.Act').

(2.) FACTS , in brief, are:-

(3.) IT is contended by the learned counsel appearing for the petitioner/accused that the guidelines as to payment of certain percentage of amount to the Legal Services Authority in the event of the offence under Section 138 of N.I.Act is compounded, cannot be made applicable to the present case since the complaint came to be instituted much prior to the issuance of the guidelines. In support of his contentions, reliance has been placed on the judgment of Jharkhand High Court in Krishna Prasad v. State of Jharkhand2, wherein it has been held as hereunder:-