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Supreme Court Of India

Hon'ble Judge(s): J. Chelameswar, A. K. Sikri , JJ

Negotiable Instruments Act (26 of 1881) , S.147— Legal Services Authorities Act (39 of 1987) , S.21— Compounding of offence - Cheque dishonour offence compounded - Accused person required to deposit 15% amount of cheque for compounding of matter at appeal stage as per "The Guidelines" contained in judgment of Court in case of Damodar S. Prabhu (2010 CriLJ 2860 : 2010 AIR (SCW) 2929 )- Fact that matter is settlled/decided by Lok Adalat, irrespective - However, it would be for accused person to make out plausible case for waiver/reduction of costs and to convince concerned Court about same. Even when a case is decided in Lok Adalat, the requirement of following the guidelines contained in Damodar S. Prabhu (2010 CriLJ 2860 : 2010 AIR (SCW) 2929) should normally not be dispensed with. However, if there is a special/specific reason to deviate therefrom, the Court is not remediless as Damodar S. Prabhu (2010 CriLJ 2860 : 2010 AIR (SCW) 2929 ) itself has given discretion to the concerned Court to reduce the costs with regard to specific facts and circumstances of the case, while recording reasons in writing about such variance. Therefore, in those matters where the case has to be decided/settled in the Lok Adalat, if the Court finds that it is a result of positive attitude of the parties, in such appropriate cases, the Court can always reduce the costs by imposing minimal costs or even waive the same. Fo....