Kaam Raj vs Ram Transport Finance Co. Ltd. And Another

Sureshwar Thakur, J

The learned counsel for respondent No.1 has made a statement, without oath, before this Court, disclosing therein, that, since the entire loan liability, including the cheque amount, carried in the dishonored negotiable instrument, has been liquidated by the petitioner/accused, to complainant/respondent No.1, thereupon the instant petition be allowed, for the reason(s) of it being compromised.

The learned counsel for the petitioner/accused has through a separately recorded statement made without oath, has accepted the statement made before this Court, by the learned counsel for respondent No.1.

Given the statements made, without oath, by the learned counsel for the parties, this Court is constrained to make an order of compounding the offence, arising from the dishonour of negotiable instrument, and, this Court is further constrained to allow the present petition. Further more, the accused/petitioner is acquitted for commission, of, an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

However, the aforesaid order shall take effect only upon the petitioner/accused, within six weeks, depositing 15% of the amount, comprised in the dishonored Cheque, before the H.P State Legal Services Authority.

At this stage, the learned counsel for the petitioner/accused prays that, given the indigent circumstances besetting the petitioner, hence the petitioner be exempted from depositing, the, apposite per centum, of, the legally ordained penalty, for, the belated composition of the offence.

Believing the statement made by the learned counsel for the petitioner/accused, that given the indigent circumstances besetting the petitioner, and, hence his being disabled to liquidate the entire component, of, the afore per centum of penalty, thereupon, it is ordered that the aforesaid order, shall take effect, only upon, the petitioner/accused, within six weeks, depositing 6% of the amount, comprised in the dishonored Cheque, before the H.P State Legal Services Authority. All pending applications stand disposed of accordingly.