months.
During the pendency of this appeal, the appellant had
entered into a compromise with the complainant and the complainant has appeared through the learned counsel, who stated that the entire money has been received by the complainant and, therefore, he has no objection if the conviction already recorded under Section 138 of the Act is set aside.
: 2 : Since the parties have arrived at a settlement and prayed
for the compounding of the offence as contemplated by Section 147 of the Act, it is not necessary for us to notice the facts leading up to institution of proceedings before this Court.
Since the parties have settled their disputes, we allow
the parties to compound the offence, set aside the Judgment of the Courts below and acquit the appellant of the charges against him. In our opinion, since the appellant has wasted the public time, while setting aside the aforesaid orders, the appellant should be burdened with exemplary costs, which we quantify at Rs.50,000/- which shall be deposited by the appellant before the National Legal Services Authority within three weeks from today. In case, the appellant defaults in depositing the amount, as ordered by us, the National Legal Services Authority is at liberty to move this Court for appropriate orders. The appeal is, accordingly, allowed in the aforesaid terms.
.......................J. (H.L. DATTU) .......................J. (CHANDRAMAULI KR. PRASAD)
NEW DELHI; 31ST OCTOBER, 2011