Query about Power of MM ?

Radhey (Querist) 10 November 2010 This query is : Resolved
Whether in a case pending u/s 379 and 411 I.P.C; the trial court has a power to compound the said offence, if the value of the stolen property is more than Rs 2000/- ?

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Guest (Expert) 10 November 2010
KINDLY REFER SEC.320 OF CRIMINAL PROCEDURE CODE.SECTION 329 THEFT IS COMPOUNDABLE BY THE OWNER OF THE PROPERTY STOLEN AND SEC.411 DISHONESTLY RECEIVING STOLEN PROPERTY IS COMPOUNDABLE BY THE OWNER OF THE PROPERTY STOLEN.COURT MAY PASS APPROPRIATE ORDER AND ALLOW COMPOUNDING OF THESE OFFENCES ON THE APPLICATION FILED BY THE OWNER OF THE STOLEN PROPERTY AS PER LEGAL PROVISIONS.GOOD LUCK.

Radhey (Querist) 10 November 2010
thnx Nand kumar Ji that u replied but what if the value of the stolen properties is Rs.2000/--

Radhey (Querist) 10 November 2010
thnx Nand kumar Ji that u replied but what if the value of the stolen properties is MORE THAN Rs.2000/--

"More than" was missed,hence this retyping

bhupender sharma (Expert) 10 November 2010
The cocerned M.M may enlarge him on probation for good conduct if he is the first offender the referece in this regard may kindley be drawn from the judgement of the Hon'ble Supreme Court titled as Chandreshwar Sharma V/s State of Bihar 2000(9) SCC 245. In the supra case it has been held by the Honble Supreme Court that The M.M should give reasons in his judgement that why the said person / accused can not be enlarged on probation. Other wise it imposes the duty on the magistrate to grant the benefit of the probation.

s.subramanian (Expert) 10 November 2010
I agree with Mr.Bupender.

Kirti Kar Tripathi (Expert) 11 November 2010
I also.

Ajay Bansal (Expert) 11 November 2010
DO

Radhey (Querist) 12 November 2010
Thnx a lot to all of sirs.

Yesterday only I have won one of my personal case. ( I am no lawyer)

I do convey my special thnx to LCI and LCI experts for helping me in winning that case.