Document Fragment View
Fragment Information
Showing contexts for: compounding fee in Rupesh Sharma vs Sunder Singh R on 25 April, 2024Matching Fragments
11. By way of the present application, a prayer has been made to extend the time to deposit the compounding fee. Admittedly, the judgment has been pronounced and signed by this Court, on the day, when the case has been decided. In such situation, the material question, which arises for determination, before this Court, is to see as to whether the time, granted to the applicant, to deposit the compounding fee, can be extended, in view of the bar, as contained in Section 362 CrPC.
16. As such, in the considered opinion of this Court, the compounding fee is nothing, but, an additional burden on the accused, who has not compounded the offence, at the initial stage, i.e. before the learned trial Court, where the compounding can be done, without imposition of any compounding fee, on the accused.
17. Now, reverting back to the controversy involved, in the present case, as to whether, the time for depositing the compounding fee, by the applicant, can be extended, especially, in view of the bar, as created by Section 362 .
CrPC.
18. The compounding fee has no relevance in the adjudication of the controversy involved, in such type of cases. None of the parties is entitled to get the compounding fee, as, the Hon'ble Supreme Court has directed that the same to be deposited with the State Legal Services Authority.
19. In such situation, the compounding fee, to the considered opinion of this Court, does not have any connection with the merits of the case. Even otherwise, the requirement of Section 147 of NI Act is compounding between the parties and the imposition, as well as, the depositing of the compounding fee, is a sort of message to the similarly situated litigants, to compound the offences, at the initial stage of the litigation, in order to avoid payment of the compounding fee.
changing into something else'.
26. In the application, the applicant is not seeking to recall the order, by virtue of which, the compounding fee has been imposed. He is simply seeking the extension of time to deposit the compounding fee, as, he could not deposit the same within the prescribed time frame, due to the reasons, as mentioned in the application. Moreover, no doubt has been raised by the complainant about the reasons assigned in the application, for not depositing the compounding fee.