compounding of offence

Querist : Anonymous (Querist) 25 August 2010 This query is : Resolved
IS IT NECESSARY THAT FOR COMPOUNDING OF OFFENSE UNDER SECTION 138 OF N.I.ACT THE COMPLAINANT SHOULD ALSO AGREE TO IT, IF THE ACCUSED DEPOSITS THE CHEQUE AMOUNT AND MAKE AN APPLICATION FOR COMPOUNDING ? ACCUSED HAS BEEN CONVICTED BY THE TRIAL COURT AND CASE IS BEFORE THE SESSION JUDGE.

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Devajyoti Barman (Expert) 25 August 2010
No without the consent of the complainant the case can not be compounded. But the court does take note of this act in trial or appeal.

s.subramanian (Expert) 26 August 2010
Consent of the comlainant is mandatory.

G. ARAVINTHAN (Expert) 26 August 2010
if both parties went to compromise, then only compoundable offences can be compounded

DEFENSE ADVOCATE.-firmaction@g (Expert) 26 August 2010
And now even after agreement you have to deposit charges as per SC guidelines for cheque cases compunding.

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