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Spending 10 yrs in litigation left no other option but to compromise is a tyranny to the complainant

The Supreme Court Bench comprising Justices Ajay Rastogi and C.T. Ravikumar was recently hearing an interesting Petition on the Negotiable Instruments Act. The Bench found that it was the tyranny of justice caused to the complainant after spending 10 years in litigation left with no other option but to compromise for the reason that if the matter is processed any further in this Court, he will be deprived of his legitimate claim which has at least now become due to him after his complaint being tried by three different Courts in hierarchy upholding conviction of the petitioner with the concurrent finding of guilt for an offence under Section 138 of the Negotiable Instruments Act.

The Counsel for the complainant informed the Bench that a sum of Rs. 69 lakhs has been made over by the petitioner to the complainant and that he did not want to proceed against the petitioner any further as he had settled the dispute amicably.

The Supreme Court bench noted that it could not be oblivious to the situation that the precious judicial time of almost 10 years of the Courts had been consumed in this litigation and mere compromise entered into by the parties may not be sufficient to close the proceedings.

The Supreme Court bench observed that looking to the quantification of the default amount in reference to which the petitioner was convicted under Section 138 of the NI Act. The bench ordered the petitioner to deposit an additional sum of Rs. 5 lakhs with the "Supreme Court Advocate-on-Record Advocates Welfare Fund" within a period of two months and the receipt of the money deposited be placed with the Registry of the Supreme Court.

The matter was listed on 17.01.2023.


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