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Compound without complainant consent u/s 147 ni act

(Querist) 19 March 2014 This query is : Resolved 
Dear Experts

Complaint case U/S 138 NI Act can be compounded U/S 147 NI Act in view of various judgment subject to the the Costs of 10% and 15% and 20 % of Cheque value

However the question is
Can Complaint u/s 138 NI Act be compounded without Complainant's Consent.

With Regards
Uday Kumar
Advocate
ajay sethi (Expert) 19 March 2014
no it cannot be compounded with complainant consent
Rajendra K Goyal (Expert) 19 March 2014
Consent of complainant is required.
Advocate Bhartesh goyal (Expert) 19 March 2014
Case can not be compounded without consent of complainant.
Isaac Gabriel (Expert) 19 March 2014
It can only be a consent order.
venkatesh Rao (Expert) 19 March 2014
Compromise must be with the consent and concurrence of both the parties and complainant's consent is condition precedent for recording compromise.
yusufkhan (Expert) 06 April 2014
ya court can compound without the consent of complainant kindly read the judgement of kerala high court SUBRATA KUMAR DUTTA VS STATE OF KERALA IN CRAN 543 OF 2011. & U ALSO APPLY PLEA BARGAINING APPLICATION FOR DISPOSITION OF CHEQUE AMOUNT


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