JASBIR SINGH Vs. MADAN GOPAL AND ANOTHER

JUDGEMENT

(1.) The petitioner lays challenge to order dated 07.03.2011, passed by the Additional Sessions Judge, Patiala, whereby costs to the tune of Rs.56,225/- have been imposed upon the petitioner while permitting the petitioner and respondent Madan Gopal to compound the offence under Section 138 of the Negotiable Instruments Act, 1881 ( for short, ' the 1981 Act').

(2.) Counsel for the petitioner submits that no finding has been recorded by the Appellate Court that delay in the disposal of the case is attributable to the petitioner in order to justify the imposition of 15% of the cheque amount towards costs to be deposited with the District Legal Services Authority, Patiala. It is further submitted that the judgment passed by Hon'ble Supreme Court in 'Damodar S Prabhu v. Sayed Babalal H, 2010 2 RCR(Cri) 851', in which, a graded formula has been laid down for payment of 10% of the cheque amount in case of compounding before the trial Court, 15% for compounding before the Sessions Court or the High Court and 20% for compounding before Hon'ble the Supreme Court, but in para 16 of the judgment, directions have been held to be applicable prospectively. It is further submitted that as this judgment was not there when the proceedings were pending before the trial Magistrate, the Court of Additional Sessions Judge, Patiala, has wrongly imposed 15% of the cheque amount upon the petitioner.

(3.) Counsel for respondent No. 2 has supported the order passed by the Appellate Court with the submissions that the directions issued by Hon'ble the Supreme Court of India in 'Damodar S. Prabhu's' case were in force on the date, the decision was rendered by the Court of Judicial Magistrate on 04.06.2010 and, therefore, applicable at the time of filing of appeal by the petitioner.