Petitioner, being a poor person, partially exempted from payment of compounding fee

Himachal Pradesh High Court: A Single Judge Bench comprising of Vivek Singh Thakur, J., decided a revision petition wherein the order of conviction passed against the petitioner by the trial court was reversed.

The petitioner was convicted and sentenced under in a criminal case arising under Section 138 of Negotiable Instruments Act. The petitioner, in the instant petition, submitted that he has entered into a compromise with the respondent and the matter has been amicably settled between the parties. Hence, he prayed for the quashing of the said order of conviction and sentence and also for compounding of the said offence.

The High Court perused the evidence available on record to satisfy itself that the matter was in fact amicably settled between the parties by entering into a compromise. Thus, the High Court was of the view that the order of conviction and sentence under Section 138 passed against the petitioner need to be quashed. Also, on further request of the petitioner, he was partly exempted from paying the compounding fee in consideration of the fact that the petitioner was a poor person, he was in jail, and he had no resources available to pay the required 15% of the suit amount. Hence, the petition was allowed. [Keshav Ram v. Padam Singh Thakur, 2018 SCC OnLine HP 150, dated 20.2.2018]

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