compounding in 138 NI Act complaint

This query is : Resolved 

18 August 2010

My client wants to compound the offence by depositing/paid cheque amount to complainant.whether consent of complainant is mandatory for compounding or accused have a right to compound the offence by paying cheque amount.Kindly advice.Case is at complainant evidence stage .Thanx in advance

Devajyoti BarmanOnline (Expert)
18 August 2010

Compounding of offence is not a matte of right and it is always at the option of the complainant.However, in cheque bouncing cases as the supreme court has given the guidelines to compromise the at the pre trial stage, the magistrate in all probability would try to enforce the compromise.

s.subramanian (Expert)
19 August 2010

Without the consent of the complainant,you cannot compound. A criminal case is not for collection of the amount.If the complainant refuses to receive it and wants to proceed with the trial,the court has no other option but to proceed further.

adv. rajeev ( rajoo )Online (Expert)
19 August 2010

Deposit of cheque amount in the court amounts to admission of an offence and accused cannot avoid the punishment, so complainant's consent is necessary and he should be ready for compromise.

G. ARAVINTHANOnline (Expert)
19 August 2010

yes consent is necessary in all the compoundable offences

vinod bansal (Querist)
19 August 2010

Thanx to all respectable experts

Ajay Bansal (Expert)
19 August 2010

As per a latest ruling of full bench of S.C. the matter can be compounded even without consent of complainant.

vinod bansal (Querist)
19 August 2010

Mr. Bansal are you suggesting Damodar case decided on 23/05/2010 by Supreme court court in which some guidelines were framed regarding 10% of cheque amount cost in case of compounding at magistrate level,15% at sessions level in Revision etc.

DEFENSE ADVOCATE.-firmaction@g (Expert)
19 August 2010

Yes Mr Vinod this is the correct position, while compumnding you have to pay extra fine in the court to legal aid authority as per above SC citation.

Compounding is not a right, complainants acceptance essential.

Sukhija (Expert)
20 August 2010

if chq amount is deposited by the Accused in court as complainant is not ready to accept, in that case court may consider and linency may be shown while convicting accused.

Vijyant Nigam (09807349001) (Expert)
25 August 2010

respected shashikumar ji

your goodself is also invited to share your views on the foolowing link related to section 13 (4) of the SARFAESI Act:

thanks and regards

manoj joshi (Expert)
07 October 2016

Accused can deposit cheque amount on first date of hearing without consent of complainant

Guest (Expert)
07 October 2016

Compounding is not a one-sided affair. Deposit of cheque and compounding of the case are two different events. While deposit of cheque can be at the will of the defendant, but compounding depends on the decision of the judge after express consent of the complainant.

Rajendra K Goyal Online (Expert)
08 October 2016

agree with the expert P.S. Dhingra ji.

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