Query under section 138 N.I.Act, 1881 (URGENT)

This query is : Resolved 
 

(Querist)
08 December 2008

1. Is section 138 of the Negotiable Instruments Act, 1881 compoundable, (if yes with/without the permission of the court ? Quote if possible recent citation of the Supreme Court on this matter. - Urgent reply needed.

2.Can the court force the complainant to compromise the case under section 138 N.I.Act, 1881 (Criminal complaint) if the accused agrees to pay of the amount involved by virtue of cheque, at a stage after the service of summons failed, after the warant of arrest fails to get executed, but before the process of proclamation is UNDERWAY ? If answer to the above said question is in the affirmative then, please quote the relevant textual matter,and recent supreme court citation on this matter, immediately, urgent reply NEEDED.

3.Please quote relevant judgements of the Apex court (preferably) on this matter, any recent judgement will be highly appreciated in this matter.


Adv.Shine Thomas (Expert)
08 December 2008

Yes,sec.138 of NI Act is compoundable with the permission of the court.The court can force the complainant to compromise the case.

H. S. Thukral (Expert)
08 December 2008

Well, If parties entter into a settlement and the same is produced before the court, the court can not refuse permission and he has to pass acquittal order. Section 147 says that the complaint is compundable but it does not use the words with the permission of court. I am not sure whether the court can force the complainant to compromise the case. In my opinion Court may not convict the accused and only impose a fine which may be equivalent to the amount of cheque and compensate the complainant. Cause of action subsides when the complainant agrees to accept the amount in the cheque.
Leaving it open for more expert opinions.

rupareliya (Expert)
09 December 2008

court can not comple to complainant for compromise but court can consider it if accused give all the amount
BUT STILL COURT CAN IMPOSE SENTENSE IF COMPROMISE NOT TAKEN PLACE
CITETION2005 (0) GLHEL-SC 35724
SUPREME COURT OF INDIA
Hon'ble Judges:K.G.Balakrishnan and Tarun Chatterjee JJ.
K.J.B.L.Rama Reddy Versus Annapurna Seeds
Criminal Appeal No. 88 of 2005 ; *J.Date :-
JANUARY 10, 2005

NEGOTIABLE INSTRUMENTS ACT, 1881 Section - 138
Negotiable Instruments Act, 1881 - S. 138 - permissibility to compound offence under S. 138 - appellant was convicted for offence punishable under S. 138 and he was sentenced to undergo simple imprisonment for six months - appellant submitted that he has settled matter with respondent and paid entire amount due to him - respondent had also filed affidavit in support of compromise - held, offence is compounded and appellant is acquitted of all charges framed against him - appeal disposed of.

Adv.Shine Thomas (Expert)
10 December 2008

1.By inserting sec.147 in the Act in 2002,offence punishable u/s 138 of NI Act has been made compoundable like the case discribed under ss(1) of sec.320 CrPC.No formal permission to compound the offence is required to be sought for.Rameshbhai Somabhai Patel V.Dineshbhai Achalanand Rathi 2005 Cri.LJ431(Guj).

Sunny Honey (Querist)
11 December 2008

As per legal view received from somebody, The High Court of Punjab & Haryana has advanced DIRECTIVES to the lower courts, that if the amount involved in the case pertaining to criminal complaint u/s 138 of N.I.Act, 1881, is less than or equal to 20000/- Rs, the court will declare the accused to be CONVICT, if he agrees to discharge the amount involved in the Cheque (which went dishonour), and will grant him PROBATION for a period ranging from 1-3 years, (as the case may be), and the court will itself arrive at CONCLUSION i.e. SUO MOTO COMPROMISE BETWEEN THE PARTIES. - CAN THE DIRECTIVE FORCE THE CRIMINAL COMPLAINT TO BE ADJUDICATED BY VIRTUE OF SUE MOTO COMPROMISE TO BE ARRIVED AT BETWEEN THE ACCUSED AND COMPLAINANT BY THE COURT. - URGENT REPLY REQUIRED.



POINT TO BE NOTED :-



COMPLAINANT DOES NOT WANT TO WITHDRAW THE CASE AND WANT TO TEACH THE ACCUSED A LESSON IN THE ABOVE CASE TO.

Sunny Honey (Querist)
11 December 2008

As per legal view received from somebody, The High Court of Punjab & Haryana has advanced DIRECTIVES to the lower courts, that if the amount involved in the case pertaining to criminal complaint u/s 138 of N.I.Act, 1881, is less than or equal to 20000/- Rs, the court will declare the accused to be CONVICT, if he agrees to discharge the amount involved in the Cheque (which went dishonour), and will grant him PROBATION for a period ranging from 1-3 years, (as the case may be), and the court will itself arrive at CONCLUSION i.e. SUO MOTO COMPROMISE BETWEEN THE PARTIES. - CAN THE DIRECTIVE FORCE THE CRIMINAL COMPLAINT TO BE ADJUDICATED BY VIRTUE OF SUE MOTO COMPROMISE TO BE ARRIVED AT BETWEEN THE ACCUSED AND COMPLAINANT BY THE COURT. - URGENT REPLY REQUIRED.



POINT TO BE NOTED :-



COMPLAINANT DOES NOT WANT TO WITHDRAW THE CASE AND WANT TO TEACH THE ACCUSED A LESSON IN THE ABOVE CASE TO.

Sunny Honey (Querist)
11 December 2008

As per legal view received from somebody, The High Court of Punjab & Haryana has advanced DIRECTIVES to the lower courts, that if the amount involved in the case pertaining to criminal complaint u/s 138 of N.I.Act, 1881, is less than or equal to 20000/- Rs, the court will declare the accused to be CONVICT, if he agrees to discharge the amount involved in the Cheque (which went dishonour), and will grant him PROBATION for a period ranging from 1-3 years, (as the case may be), and the court will itself arrive at CONCLUSION i.e. SUO MOTO COMPROMISE BETWEEN THE PARTIES. - CAN THE DIRECTIVE FORCE THE CRIMINAL COMPLAINT TO BE ADJUDICATED BY VIRTUE OF SUE MOTO COMPROMISE TO BE ARRIVED AT BETWEEN THE ACCUSED AND COMPLAINANT BY THE COURT. - URGENT REPLY REQUIRED.



POINT TO BE NOTED :-



COMPLAINANT DOES NOT WANT TO WITHDRAW THE CASE AND WANT TO TEACH THE ACCUSED A LESSON IN THE ABOVE CASE TO.

Srinivas.B.S.S.T (Expert)
12 December 2008

Sir if complainant does not want to withdraw the case then no court can force him to enter into a compromise. Regards Srinivas BSST

Sachin Bhatia (Expert)
02 October 2009

Yes,sec.138 of NI Act is compoundable.



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :









×

  LAWyersclubindia Menu

web analytics