for acuittal of accused
Vikas Aneja
(Querist) 13 February 2010
This query is : Resolved
My client has been convicted by lower court under section 138 of Negotiable Instrument Act. I filed appeal against the conviction of my client in sessions court. My client is ready to pay the amount with interest but the complainant is not ready to accept and insisting on the conviction of my client.
Now the question is:
1 Whether I can submit to the appellant court for compromise the matter,if yes please refer the law.
2 Whether the appellant court has power to compel the complainant to accept the amount,if yes plese refer the law.
3 please refer other instruction about the case, how can I save my client.
adv. rajeev ( rajoo )
(Expert) 13 February 2010
It is compoundable offence, appellatte court cannot compel the complainant-respondant, it can only suggestfor the compromise.
B K Raghavendra Rao
(Expert) 13 February 2010
Even though NI Act prescribes imprisonment of up to 2 years and fine of up to double the cheque amount, the Courts would be interested in safeguarding the debt amount of the cheque receiver. They are not much interested in punishing the payer. Therefore, if at the level of high court, compromise would be preferred.
Boldly, you can move a memo of compromise and definitely court would enforce it on the complainant. The amount shall not be less than the cheque amount.
The court has so much discretionary power that it may award a fine of just a couple of hundred rupees on the accused as punishment and in such an event the complainant would be at a huge loss. This situation would be known to the counsel of the complainant and in all probabilities he would accept your memo of compromise.
A V Vishal
(Expert) 13 February 2010
This is a latest judgement of SC on compounding of offences under NI Act.
A V Vishal
(Expert) 13 February 2010
Copy of the judgement.
Swami Sadashiva Brahmendra Sar
(Expert) 13 February 2010
Mr. Vadrali and mr. vishal are right. A party (or parties)can neither be compelled to compromise nor the parties can be stopped to compromise even after conviction if the case is compoundable. In the judgment referred by Mr Vishal, operative portion is as under:
"Since the parties have settled their disputes,in keeping with the spirit of Section 147 of the Act, we allow the parties to compound the offence,set aside the judgment of the courts below and acquit the appellant of the charges against him."
Arvind Singh Chauhan
(Expert) 13 February 2010
If the appellate court can change the sentence in to fine and compensation.
Raj Kumar Makkad
(Expert) 13 February 2010
The judgment cited by vishal is latest and accurate in the given facts.
Guest
(Expert) 13 February 2010
Dishonour of cheque - Offence can be compounded at appellate stage also. 2010(1) Civil Court Cases 190 (S.C.)
Sukhija
(Expert) 13 February 2010
If complainant is not agreeing to settle then no court can force him to settle. Accused will be convicted though sentence may be reduced by the Appellate court.
it is better to negotiate with the complainant n solve this issue by paying him reasonable amount with interest.
Parveen Kr. Aggarwal
(Expert) 13 February 2010
Compounding essentially involves consent of both the parties to the litigation. If the complainant is not ready to compound the offence, he cannot be compelled to do so. However, if you show the bona fide intention of the accused to compound the offence by making sufficient payment (cheque amount with interest) and that there is no other liability except the cheque amount then, the court will hopefully exercise discretion in favour of the accused and you may pray for release of the accused on probation.
