GOKULDAS KAMATH (EX BANKER) 27 June 2013

Compounding under section 320

Sir,

I was working in a gold loan finance company.I was robbed of Rs.750000 on 21.02.2012 while going for a take over of gold loan from other gold loan company along with one of my junior staff..The retired police offiers working in this company did not allow me to lodge the police complaint.A criminal case was filed against me as Accused no.1 and my staff as Accused no.2 .My bail application was rejected in Magistrate court and appeal was rejected in High Court.Police have filed a charge sheet against me in August 2012.Accused no.2 got bail in April 2012.As informed to me by my Advocate,.Accused no.2 has submitted to the court that he has helped me in the misappropriation of money at my instructions and hence got the bail.

In July 2012,gold loan company filed a money suit against me and my wife in the civil court invoking Surety-cum-indemnity bond given to the company.Company has also requested the court to attach my investments of Rs.3.00 lakhs under ABJ

My advocate told me that I am likely to loose this case and informed that civil court judge has referred this case to Mediation centre

In September 2012 a Police Inspector came to my house and informed that they have arrest warrant against me and going to arreest me and demanded money to avoid the arrest.Since then,I am feeding him to avoid the arrest.

One famous lawyer suggested me that I can apply for bail once again but his fee will be Rs.2.00 lakh

One lawyer told that first I have to surrender before the police,remain in jail for 2-3 days by which time he will try for bail but his fee will be Rs.1.00 lakh

There was harrassment and tension from all the sides. I am a heart patient undergone BYPASS surgery and aged 58 years.Unable to bear this,I have paid Rs.750000 on 20.04.2013 to the company by borrowing from outside .Money was paid through Mediation Centre and a memorandum of understanding was signed by me and company officials contents of which are as under

Company will not claim interest on amount of Rs.750000 and Rs.750000 recieved from me is final settlement

My deposit will be returned to me

Civil case aagainst me and my wife will be withdrawn

Criminal case against me will be withdrawn and compounded

So,on 29.05.2013 civil case was withdrawn

Police Inspector is still coming to collect money.He says arrest warrant against me still exists

On 27.05.2013 criminal case date was fixed..When company law officer approached Assistant Public Prosecutor to compound this case on the same day,APP informed that Company has to issue an authority letter to the official of the company authorising him to compiound the case and if this case can be componded at any time by preponing the next date of hearing which was fixed on 27.06.2013.Here APP wanted just an authorisation letter from Company authorisising the complainant officer to withdraw this case

By the time company issued authorisation letter,both APP and Magistrate were transferred and new APP and new Magistrate reported

New APP told that this case can be compounded only on 27.06.2013 and if preponed arrest warrant to be recalled and it may even postponed beyond 27.06.2013 after recalling arrest warrant.So,I decided to wait till 27.06.2013

On 27.06.2013,we met APP to close the case on the same day on the basis of compromise settlement.APP told me several rules by which it is not possible to close this case 1.To get Cabinet approval 2.I am required to apply for a bail etc etc.Ultimately APP demanded Rs.5000 from me to close this case on 27.06.2013 itself.As I want to come out of this case,I paid Rs.5000 to APP

The case came up before Magistrate at 5.30 pm.Magistrate told that criminal case involving only Rs.250 can be compounded u/s 320 and not for Rs.750000

APP told that sec.320 is amended in 2008 and showed the copy of amendments to Magistrate

Magistarte wanted to know whether the amendments done in 2008 are notified in Gazette.Then only he will consider this case for compounding and that his court is not concerned with any settlement done in Mediation centre.So,APP /Company lawyers rae required to produce gazette notification to the court on 03.07.2013,the next date of hearing

I have not engaged any Advocate for this case as I thoght that company will take care to close this case as I have paid entire money and case is compromised under MOU.

I request the legal experts of this forum to inform me whether gazettte notification is available for 2008 amendments in secion 320.If so,where can I find it

If it is not there,whether I can apply for the bail in the same court

Criminal Charges against me are under section 406 and 420

Please help me Sir

Reply Follow

2 Replies

Sonia Dhamija (Advocate) 28 June 2013

This Gazette Notification was issued as the Gazette of India Extraordinary [PART II-Section3-Sub-section(ii)] dated 30th December, 2009 through a Notification by Ministry of Home Affairs. This Gazette Notification says:

"In exercise of the powers conferred by sub-section (2) of Section 1 of the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), the Central Government hereby appoints the 31st day of December, 2009, as the date on which the provisions of the said Act, except Section 5, Section 6 and clause (b) of Section 21, shall come into force."

So, amendment in Section 320 of Cr.P.C. for change in compounding in Section 406 IPC has been notified in this Gazette Notification.

Alternatively, if you show to the court the latest amended copy of Cr.P.C. (Bare Act will also help) to the Court, in Section 320 CrPC (amended section) it does not mention any monetary limit for compounding for Section 406 IPC. This should be sufficient.