Hardeep Thakur vs Hoshiyar Singh

Accused Hardeep Thakur,Complaint u/s 138 of the N.I. Act,"Accused

convicted and

sentenced to

undergo simple

imprisonment for

a period of six

months for

offence under

Section 138 of

Negotiable

Instrument Act.

In addition, he is

directed to pay a

compensation of

Rs.1,60,000/- for

the said offence.

The convict/accused is directed to deposit 15% of the cheque amount before the Himachal Pradesh State Legal Services Authority, in terms of",,

the judgment passed by a Larger Bench of Hon’ble Supreme Court in Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663, whereby",,

following law for compounding of offences punishable under Negotiable Instruments Act, 1881 was laid down:",,

“….21…THE GUIDELINES,,

(i) In the circumstances, it is proposed as follows :",,

(a) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an,,

application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding",,

may be allowed by the court without imposing any costs on the accused.,,

(b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the",,

Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the",,

cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit.",,

(c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such",,

compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs.,,

(d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount.",,

Let it also be clarified that any costs imposed in accordance with these guidelines should be deposited with the Legal Services Authority,,

operating at the level of the Court before which compounding takes place. For instance, in case of compounding during the pendency of",,

proceedings before a Magistrate's Court or a Court of Sessions, such costs should be deposited with the District Legal Services Authority.",,

Likewise, costs imposed in connection with composition before the High Court should be deposited with the State Legal Services Authority",,

and those imposed in connection with composition before the Supreme Court should be deposited with the National Legal Services,,

Authority.""",,

The petitioner-accused shall deposit the aforesaid 15% of the cheque amount before the Himachal Pradesh State Legal Services Authority, on or",,

before 10.11.2021. The amount deposited before the trial court shall be released to the complainant, on furnishing bank account number.",,

The Given above, the present petition stands disposed of, so also, the pending application(s), if any.",,