DEVI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant/accused has filed the present application under Sec. 147 of the Negotiable Instruments Act (NI Act) for compounding the matter. It has been asserted that the applicant/petitioner has deposited the entire amount of compensation as awarded by the learned Trial Court and compounded the matter with respondent No.2. The applicant was interested in compounding the matter from the very beginning, but could not settle it earlier. The composition of the offence will not cause any prejudice to the non-applicant. The applicant is under judicial custody and had to arrange the amount by taking a loan from his relatives. He is not in a position to deposit the composition fee as directed by the Hon 'ble Supreme Court. Hence the application.

(2.) Mr H.S. Rangra, learned counsel for the applicant/petitioner, submitted that the applicant has deposited the whole compensation amount and the matter should be allowed to be compounded. The applicant is unable to pay the compounding fee. Hence, he prayed that the present application be allowed and the applicant be exempted from depositing the composition fee.

(3.) I have given considerable thought to the submissions made at the bar and have gone through the records carefully.