Saptarshi Paul (Advocate) 26 April 2011

NI act 138 compromise

if any one want to compromise ni act 138 case one first appearence after receiving First summon by paying the total amount of cheque which was bounced then is it possible that Ld CJM impose any cost to the accused or interest, kindly refer any case as reference.

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prasanta kumar parida (sr. consultant) 27 April 2011

THERE ARE SO MANY RULINGS OF THE HONBLE SUPREME COURT TO THE EFFECT THAT, A CASE UNDER SEC138 N.I.ACT CAN BE COMPROMISED AT ANY STAGE OF A PROCEEDING.EVEN IF THE COMPLAINANT AVOIDS FOR COMPROMISE THE ACCD. CAN DEPOSIT THE CHEQUE AMOUNT IN THE COURT ITSELF

P.K.Rony (advocate) 27 April 2011

after the 2005 amendment,138 offences become compoundable at any stage even on the first posting itself.but after the SC verdict in 2010 by k.g.balakrishnan compounding will be subject to payment of cost at the rate of 10-15 % of the cheque amount.a wonderful order from SC,because The court stands against the statute,that apart SC stands against settlement