138 Negotiable Instrument Act

Chetan (Querist) 04 July 2010 This query is : Resolved
In 138 case the parties are ready to compromise and the accused had handover the cheque to the complainant
but the argument is complete and the matter is fixed for Judgment

Whether It is possible to compromise before judgment ??

Pls provide the procedure to inform the court or to stop the court to pass judgment

Pls. provide Citation with text....

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Srinath Kondapally (Expert) 04 July 2010
Mr, Chetan, 138 is compoundable one, before pronouncing judgement it can be compromised at any stage, there are no hurdles and no bar for that simply filing a compromise memo is enough to close the case or withdrawl of such case is enough

Kiran Kumar (Expert) 04 July 2010
yes the matter is compoundable at any stage....the act itself speaks about the compoundability of the offence....read Section 147/148 of the Act.

there is a recent judgment by Hon'ble SC which provides for the imposition of costs on the accused in case of compromise....the parameters so adopted are as follows:

1. if the compromise is effected at first/ early stage then no costs to be imposed.

2. if the compromise is effected at later stage of trial then 10% of the amount involved is imposed as cost.

3. if the compromise is effected before Sessions Court or in HC then 15% of the amount involved to be imposed as cost.

4. if the compromise is effected in SC then 20% of the amount involved to be imposed as cost.

the costs so imposed shall be sent to the legal services authority (so concerned).

well this judgment is widely reported, at the moment I am not in my office so not in position to mention the exact citation.

I ll try to mention the citation in a day or two.

Arvind Singh Chauhan (Expert) 04 July 2010
Kiran Sir is quite right.

Guest (Expert) 04 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE SEC.138 N.I.ACT CASE KINDLY NOTE THAT
THE COMPLAINENT AND ACCUSED CAN SUBMIT A JOINT APPLICATION TO THE COURT AND COMPLAINENT AND ACCUSED SHOULD REMAIN PRESENT IN THE COURT AND ALSO SUBMIT AN APPLICATION FOR COMPOUNDING THE COMPLAINT CAST DULY SIGNED BY COMPLAINENT MENTIONING THE FACT THAT THE MATTER IS COMPROMISED BETWEEN THE PARTIES AND KINDLY ALLOW TO COMPOUND THE MATTER.
COURT WILL HEAR BOTH THE ADVOCATES AND ALSO CONFIRM WITH COMPLAINENT AND ACCUSED AND PASS APPROPRIATE ORDER AND ACQUIT THE ACCUSED.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.
THANKS.

Raj Kumar Makkad (Expert) 04 July 2010
I do agree with all experts who opined hereinabove.

PJANARDHANA REDDY (Expert) 05 July 2010
YES, AT ANY STAGE BEFORE PRONOUNCEMENT OF JUDGMENT (EVEN IN SUPREME COURT SLP) NI ACT CASES ARE COMPOUNDABLE.
PLS SEE THE ATTACHED APEX COURT JUDGMENT.

Uma parameswaran (Expert) 05 July 2010
It is possible.

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