Vangaru Srinivasa Rao v. Chikkulla Ravi Kumar

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO Crl.P.M.P.Nos.9507 & 9508 of 2017 IN/AND Crl.P.No.8844 of 2017 ORDER:

Heard both sides and perused the material on record. Parties present. They filed the above petitions seeking permission to compound the offence under Section 138 of the Negotiable Instruments Act (for short 'the Act') in view of their compromise.

As per the expression of the Apex Court in Damodar S.Prabhu Vs. Sayed Babalal1, Madhya Pradesh State Legal Services Authority Vs. Prateek Jain2 and R.Vijayan Vs. Baby3, the 10% of the cheque amount of Rs.1,50,000/- i.e., Rs.15,000/- is ordered to be payable to the Chief Justice Relief Fund for permitting compounding the offence. Since the petitioner and 1st respondent wants to pay said amount, the matter is passed over. Later, proof of payment receipt from the Account Section of the High Court, of payment of Rs.15,000/- as compounding fee is filed and the same is recorded.

The petitioner/accused and 1st respondent present stating that they settled the issue outside the Court. In view of payment of compounding fee and compromise of the parties, the offence is compounded and the conviction judgments of the lower Courts by virtue of this order are set aside and the accused is acquitted. The bail bonds of the accused, if any, shall stand cancelled. 1 2010 (5) SCC 663 2 (2014) 10 SCC 690 3 2012 (1) SCC 260

Dr.SSRB,J In the result, both the Crl.P.M.P.Nos.9507 & 9508 of 2017 and the Criminal Petition are allowed. Pending miscellaneous petitions, if any, shall stand closed.

_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 23.10.2017 ska