compounding in 138 NI Act complaint
vinod bansal
(Querist) 18 August 2010
This query is : Resolved
R/Experts
My client wants to compound the offence by depositing/paid cheque amount to complainant.whether consent of complainant is mandatory for compounding or accused have a right to compound the offence by paying cheque amount.Kindly advice.Case is at complainant evidence stage .Thanx in advance
Devajyoti Barman
(Expert) 18 August 2010
Compounding of offence is not a matte of right and it is always at the option of the complainant.However, in cheque bouncing cases as the supreme court has given the guidelines to compromise the at the pre trial stage, the magistrate in all probability would try to enforce the compromise.
s.subramanian
(Expert) 19 August 2010
Without the consent of the complainant,you cannot compound. A criminal case is not for collection of the amount.If the complainant refuses to receive it and wants to proceed with the trial,the court has no other option but to proceed further.
adv. rajeev ( rajoo )
(Expert) 19 August 2010
Deposit of cheque amount in the court amounts to admission of an offence and accused cannot avoid the punishment, so complainant's consent is necessary and he should be ready for compromise.
G. ARAVINTHAN
(Expert) 19 August 2010
yes consent is necessary in all the compoundable offences
vinod bansal
(Querist) 19 August 2010
Thanx to all respectable experts
Ajay Bansal
(Expert) 19 August 2010
As per a latest ruling of full bench of S.C. the matter can be compounded even without consent of complainant.
vinod bansal
(Querist) 19 August 2010
Mr. Bansal are you suggesting Damodar case decided on 23/05/2010 by Supreme court court in which some guidelines were framed regarding 10% of cheque amount cost in case of compounding at magistrate level,15% at sessions level in Revision etc.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 August 2010
Yes Mr Vinod this is the correct position, while compumnding you have to pay extra fine in the court to legal aid authority as per above SC citation.
Compounding is not a right, complainants acceptance essential.
Sukhija
(Expert) 20 August 2010
if chq amount is deposited by the Accused in court as complainant is not ready to accept, in that case court may consider and linency may be shown while convicting accused.
Vijyant Nigam (09807349001)
(Expert) 25 August 2010
respected shashikumar ji
your goodself is also invited to share your views on the foolowing link related to section 13 (4) of the SARFAESI Act:
http://www.lawyersclubindia.com/forum/Re-Notice-under-Section-13-4-of-SARFAESI-Act-2002-3486.asp
http://www.lawyersclubindia.com/forum/Re-Notice-under-Section-13-4-of-S
ARFAESI-Act-2002-3486.asp>
thanks and regards
vijyant
manoj joshi
(Expert) 07 October 2016
Accused can deposit cheque amount on first date of hearing without consent of complainant
Guest
(Expert) 07 October 2016
Compounding is not a one-sided affair. Deposit of cheque and compounding of the case are two different events. While deposit of cheque can be at the will of the defendant, but compounding depends on the decision of the judge after express consent of the complainant.
Rajendra K Goyal
(Expert) 08 October 2016
agree with the expert P.S. Dhingra ji.
