sec 406 IPC is compoundable as per Cr.p.c amendment in 2008
Shubhangi Kale
(Querist) 14 November 2009
This query is : Resolved
If in the case of criminal breach of trust matter in which amount exceeds two thousand rupees,whether it is compountable as per amendment in the cr.p.c.
Guest
(Expert) 14 November 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE CASE OF CRIMINAL BREACH OF TRUST KINDLY NOTE THAT
1.IN CRIMINAL PROCEDURE CODE YOU WILL FIND A TABLE SHOWING COMPOUNDABLE AND NONCOMPOUNDABLE SECTIONS OF I.P.C.AND PERSON BY WHOM IT IS COMPOUNDABLE.
2.KINDLY NOTE THAT THE TERM COMPOUNDABLE MEANS CAN BE COMPROMISED BY APPLICATION OF THE PARTIES IN ANY DISPUTE OR CRIMINAL CASE.AND NON COMPOUNDABLE MEANS WHICH CAN NOT BE COMPROMISED BY JUST AN APPLICATION SUBMITED TO THE COURT BY BOTH THE PARTIES TO THE DISPUTE IN ANY CRIMINAL CASE.
3 IN CASE ANY NON COMPOUNDABLE SECTION IS APPLIED BY POLICE IN ANY CRIMINAL CASE THEN BOTH THE PARTIES TO THE DISPUTE HAVE TO SUBMIT JOINT APPLICATION TO COMPOUND THE CASE WITH PERMISSION OF THE COURT.
4.COURT WILL EITHER ALLOW OR REJECT THE SAID APPLICATION DEPENDING ON THE FACTS OF THE CASE.
5.IN CASE THE SAID APPLICATION IS ALLOWED THE MATTER IS CLOSED AND ACCUSED ARE ACQUITED.
6BUT IF APPLICATION IS REJECTED THEN THE COMPLAINENT IS EXAMINED IN THE WITNESS BOX AND GOVT.LAWYER WILL TAKE EXAMINE IN CHIEF OF THE COMPLAINENT AND ADVOCATE FOR ACCUSED HAS TO CROSS EXAMINE THE COMPLAINENT. IN CASE BOTH THE PARTIES ARE SERIOUSLY WILLING TO COMPROMISE THE SAID MATTER THEN THE ADVOCATE FOR ACCUSED SHOULD BE EXPERT AND HE SHOULD BRIEF THE COMPLAINENT ABOUT THE CROSS EXAM IN ADVANCE OR ELSE IN CASE ANY MISTAKE IS COMMITED BY COMPLAINENT IN THE ANSWERS IT MAY HAVE ADVERSE EFFECT.
IN CASE ANY FURTHER HELPIS REQUIRED THEN KINDLY SEND DETAILS
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
