SURENDER KUMAR Vs. ANIL KUMAR

JUDGEMENT

(1.) This application is disposed of with the direction that the compounding fee be paid by the petitioner is determined at the rate of 5% of the cheque amount as would be reflected in the judgment which is being passed in the main petition today itself.

(2.) The Court stands informed by way of Cr.MP No.2074 of 2021 that during the pendency of the revision petition, the matter has been amicably settled between the petitioner and the respondent and the entire due amount stands paid by the petitioner to the respondent. This fact is not disputed by learned counsel appearing for the respondent.

(3.) Learned counsel for the petitioner submits in view of said development, it will be in the interest in case this Court exercises its power of compounding the offence in terms of the judgment of Hon'ble Supreme Court of India in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 Supreme Court Cases 663. He further submits that as the petitioner has made good the amount due to the respondent, it will be in the interest of justice, in case in terms of para 25 of the judgment of Hon'ble Supreme Court of India (supra), the compounding fee of 10% of the cheque amount is modified taking into consideration the peculiar facts of the case and the financial condition of the petitioner. He assures the Court that in case the offence is compounded by this Court, then the compounding fee shall be paid by the petitioner within the time so granted by the Court.