Please Log in / Register to access the full text of this judgment and the entire database
(2022) Law Today Live Doc. Id. 17113 = 2023(1) L.A.R. 83
Decided on: 18.10.2022
For Petitioner(s):
Mr. Lzafeer Ahmad B. F., AOR
For Respondent(s):
Mr. Mahimai Antoni Jayam, Adv. Mr. Manoranjan Mishra, Adv. Mr. Pradeep Kumar, Adv Mr. Karunakar Mahalik, AOR
Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 -- Cheque bounce case – Conviction u/s 138 of N.I. Act – Compounding of offence after conviction -- Compromise after 10 years of litigation -- Three different Courts in hierarchy upholding conviction -- A sum of Rs.69 lakhs paid to the complainant and he does not want to proceed against the petitioner any further – Held, mere compromise entered into by the parties may not be sufficient to close the proceedings -- Looking to the quantification of default amount, an additional sum of Rs. 5 lakhs ordered to be deposited by the petitioner with the Supreme Court Advocate-on-Record Advocates Welfare Fund within a period of two months.
(Para 3)
ORDER
1. It is tyranny of justice caused to the complainant after spending 10 years in litigation left with no other option but to compromise for the reason that if the matter is processed any further in this Court, he will be deprived of his legitimate claim which has at least now become due to him after his complaint being tried by three different Courts in hierarchy upholding conviction of the petitioner with the concurrent finding of guilt for offence under Section 138 of the Negotiable Instruments Act.
2. It is informed that a sum of Rs.69 lakhs has been made over by the petitioner to the complainant and counsel for the complainant has informed that he does not want to proceed against the petitioner any further as he has settled the dispute amicably, but this Court cannot be oblivious of the situation that precious judicial time of almost 10 years of the Courts has been consumed in this litigation and mere compromise entered into by the parties may not be sufficient to close the proceedings.
3. Looking to the quantification of default amount in reference to which the petitioner was convicted under Section 138 of the NI Act, let an additional sum of Rs. 5 lakhs be deposited by the petitioner with the Supreme Court Advocate-on-Record Advocates Welfare Fund within a period of two months and the receipt of money deposited be placed with the Registry of this Court.
4. List the matter on 17.01.2023.
Order accordingly.
********