S-147 of negotiable instruments act
Uday Kumar
(Querist) 11 January 2014
This query is : Resolved
Dear Sirs,
A Cr Case U/S 138 NI Act was decided and Accused was given an imprisonment of 1 year along with Fine of RS. 10000/-
Case went to the Appellant Court where Accused offered Cheque amount + Fine of RS. 10000+ Some More amount to settle the matter.
But Complainant refused the settlement
Can you direct to settle the issue as per Proposal of Accused U/S 147 NI Act or under any Cr Law at Appellant Stage.
Any other option is available under Law to settle the issue and avoid punishment of one year Jail etc.
Please assist
Nadeem Qureshi
(Expert) 11 January 2014
Dear Uday
yes you can file an application for compounding the case before court with the judgment of SC.
search the judgment through nadeemqureshi1.wordpress.com
Nadeem Qureshi
(Expert) 11 January 2014
Bhim Sain Taneja Vs. state(NCT of Delhi)2013 Delhi High Court.
Uday Kumar
(Querist) 11 January 2014
Dear Nadeem Ji
Thanks, One small query,
Suppose Complainant does not want to settle the matter and want punishment to the Accused even at Appellant Stage, even then this judgment lies
I think, Judgment is very useful and it a guideline for accused in case they want to Compound the Offence, and it i a matter between Court and Accused
Please confirm
ajay sethi
(Expert) 11 January 2014
if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount."
however consent of complainant would be required
ajay sethi
(Expert) 11 January 2014
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO_263_ OF 2012
(Arising out of SLP (Crl.) No.4445/2009)
JIK Industries Limited & Ors. ….Appellant(s)
- Versus -
Amarlal V. Jumani and Another ….Respondent(s)
WITH
Crl.A. No…264/2012 @ SLP(Crl) No.4446/2009,
Crl.A. No 265/2012 @ SLP(Crl) No.4447/2009,
Crl.A. No.266/2012 @ SLP(Crl) No.4448/2009,
Crl.A. No.267/2012 @ SLP(Crl) No.4449/2009,
Crl.A. No.268/2012 @ SLP(Crl) No.4450/2009,
Crl.A. No.269/2012 @ SLP(Crl) No.4451/2009,
Crl.A. No.270/2012 @ SLP(Crl) No.4452/2009,
Crl. A.No.271/2012 @ SLP(Crl) No.4453/2009,
Crl.A. No.272/2012 @ SLP(Crl) No.4454/2009,
Crl.A. No.273/2012 @ SLP(Crl) No.4456/2009,
Crl.A. No.274/2012 @ SLP(Crl) No.4457/2009,
Crl.A. No…275-294/2012 @ SLP(Crl) No.843-862/2010,
Crl.A. No…295-303/2012 @ SLP(Crl) No.6643-6651/2010.
J U D G M E N T
Section 147 of the N.I. Act must
be reasonably construed to mean that as a result
of the said Section the offences under N.I. Act
are made compoundable, but the main principle of
such compounding, namely, the consent of the
person aggrieved or the person injured or the
complainant cannot be wished away nor can the same
be substituted by virtue of Section 147 of N.I.
Act.
Rajendra K Goyal
(Expert) 11 January 2014
Well advised by the experts, agree to it.
V R SHROFF
(Expert) 11 January 2014
THIS OFFENCE IS COPMPONDABLE AT ANY STAGE, i.e. LOWER COURT OR HIGH COURT./ S.C.
IF AT INITIAL STAGE AT TRIAL LEVEL, MAGISTRATE TAKE INTO CONSIDERATION THAT ACCUSED OFFERED AMT.
Under all circumstances, consent of Complainant is necessary.
But in case Complainant does not agree,
and accused want to avoid Jail; Offer / and paty the amount to Complainant, and Apply to HC to consider tha matter, and HC, may impose imprisonment for a day till court timing,, and that's all.. HC have power to do so. Changing of ordere for jail for a day in consideration of full amt+ compensation will be considered. TRY IT TO SAVE YOUR CLIENT ..
Raj Kumar Makkad
(Expert) 11 January 2014
I do agree with the advice of Shroff. If complainant is not agree, compounding cannot be made but definitely high court can provide the desired relief.
