DEVI SARAN v. Saju Ram (DECEASED THROUGH LRs HANS RAJ)
CRMP/283/2025 · 2025-01-10
Bipin Chander Negi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5683 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5683 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Devi Saran vs. Sauju Ram(deceased) through LRs.
Cr.MP No.283 of 2025 in Cr. Revision No.270 of 2024
10.01.2025 Present: Mr. R.S. Chandel, Advocate, for the petitioner/applicant.
Cr.MP No.283 of 2025 Vide judgment dated 09.12.2024 passed in Crminal Revision No.270 of 2024, an offence punishable under Section 138 of the Negotiable Instruments Act, insofar as the applicant is concerned, was compounded. While compounding the offence in terms of judgment passed by the Hon’ble Apex Court in Damodar S. Prabhu vs. Sayed Babalal H. 2010(5) SCC 663, the petitioner was required to pay 15% of the cheque amount as compounding fee. The said amount was to be paid to the H.P. State Legal Services Authroity, Shimla within eight weeks from the date of passing of the judgment. The present application has been filed invoking inherrent powers of this Court to modify the aforesaid judgment to the extent that the compounding fee, i.e., 15% of the cheque amount, which was required to be paid by the petitioner, be reduced to 5% to securing the ends of justice. By virtue of present application, taking into account the financial condition of the present applicant/petitioner, the compounding fee, in the case at hand, is reduced to 5% of the cheque amount. The same be paid to the H.P. State Legal Services Authority, Kusumpati, Shimla-9, H.P., within a period of four weeks from today.
Report qua deposit of 5% of the cheque amount with HP State Legal Services Authority be sought from the concerned authority on or before 04.02.2025, the date already fixed. In the meanwhile, petitioner is also free to place copy of receipt qua payment made to the HP State Legal Services Authority. Application stands disposed of.
( Bipin C. Negi ) January 10, 2025 (KS) Judge