Compunding under Cr.P.C at Appellate Stage
RAM
(Querist) 01 September 2008
This query is : Resolved
I am a public servant working for HPCL. I have been convicted in a case filed under Sec. 407 and 420 IPC. The case is udner appeal stage before a sessions judge. I am apprehensive about the judgement and wish to compund the case. Fortunately HPCL (Public Sector Undertaking) management is ready to compuind the case. As per prosecution charge sheet, HPCL is the party in respect of whom offences under the above section were committed. In this regard, i need your opinion on the following issues:
1. Under Sec 407 IPC, there is a maximum limit of Rs 250 (amount involved. In the entire case of prosecition, there was no mention of the amount involved in the crime. In such case who will decide the amount of money misappropriated ?
2. Who can compound on behalf of HPCL.
3. Can you brief about the procedure for compunding ? Please give some citations/judgements on the compounding at the appeal stage of the case.
arunprakaash.m.
(Expert) 01 September 2008
HPCL and the prosecution can file a joint affidivit for compounding the offence.
deepak kumar
(Expert) 01 September 2008
1.the maximum limit under section 407 has been enhanced to Rs. two thousand if it is not mentioned in the entire case record then it is advisable to file an affidavit ed petition by the informant that the amount involved was less than rupees two thousand.
2.The informant of the case can file compromise petition. In case he is not with the company now then any person authorized by the company.
3.the best procedure for you will be to get your case referred to permanent Lok Adalat where the case will be disposed off on the basis of compromise. Or in the alternative you file a joint compromise petition in the appellate court along with a petition for permission to compound and the appellate court will compound the case.
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