Madhya Pradesh High Court
Umesh Kumar Shukla vs Indrapal Singh on 13 August, 2018
1 CRR-2581-2018
The High Court Of Madhya Pradesh
CRR-2581-2018
(UMESH KUMAR SHUKLA Vs INDRAPAL SINGH)
5
Jabalpur, Dated : 13-08-2018
Shri H.K. Golhani, learned counsel for the petitioner.
Shri Rakesh Kumar Sahu, learned counsel for the respondent.
Parties have entered into compromise. Verification report dated 31/07/2018 has been received.
According to the compromise, Rs.6,97,500/- has been paid to the respondent and remaining amount of Rs.2,32,500/- which has been deposited in the trial Court was to be paid to the respondent, so that, in all the cheque amount of Rs.8,30,000/- (Rupees Eight Lacs Thirty Thousand only) be paid to the respondent. It is also stated that, parties have amicably settled the matter.
Verification report dated 31/07/2018 indicate that, parties have entered into compromise without any force, compulsion, duress, undue influence, inducement or threat. Therefore, the compounding seems to be proper under Section 147 of the Negotiable Instruments Act.
So far as, the compounding fee is concerned as has been mandated by Hon'ble the Supreme Court in the case Damodardas S. Prabhu Vs. Sayed Babalal H reported as (2010) 5 SCC 663 that, 15% of the cheque amount has to be levied as compounding fee. Rs.1,20,000/- has to be deposited by the petitioner. Exercising the discretion power as provided under paragraph 25 of judgment of "Damodar S. Prabhu" (supra), this Court deemed it fit to reduce the same, the amount of compounding fee is reduced to Rs.1,00,000/- (Rupees One Lac Only) to be deposited before the High Court Legal Services Committee, Jabalpur within a period of one month from today. This compromise would be effective on the following conditions:
(i) On production of the receipt of deposit of compounding fee before the M.P. High Court Legal Services Committee, Jabalpur, the petitioner will be discharged of all the liabilities.
(ii) The amount deposited before the trial Court of Rs.2,32,500/- be disbursed to the respondent after the compounding fee is deposited.
(iii) The petitioner will be deemed acquitted of offence under Section 138 of Negotiable Instruments Act.
revision is disposed of subjected to the above conditions.
Digitally signed by RASHMI RONALD VICTOR Date: 14/08/2018 13:45:112 CRR-2581-2018 Copy of the order with the original record be sent to the trial Court immediately.
(SUSHIL KUMAR PALO) JUDGE RS Digitally signed by RASHMI RONALD VICTOR Date: 14/08/2018 13:45:11