compounding of offence

Querist : Anonymous (Querist) 01 October 2010 This query is : Resolved
Hello experts,
I filed an application for compounding the offence in view of the judgement of Hon,ble S.C in Damodar's case and made the payment of cheque and was ready to deposit cost as laid by sc but the application was rejected on ground that complainant was not ready to compound the case.
I like to know whether after payment of cheque amount compliant can be proceeded further in view of apex court judgement?
2.Whether the consent of complainant is necessary to compound the case because the sc has held that section 320 crpc is not applicable to ni act?

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Arvind Singh Chauhan (Expert) 01 October 2010
Yes complainant's consent is necessary.

s.subramanian (Expert) 01 October 2010
Absolutely and mandatorily necsessary.

Devajyoti Barman (Expert) 02 October 2010
Yes , it is necessary.

Kiran Kumar (Expert) 02 October 2010
certainly S.320 is not applicable on NI Act, but the offence is compoundable under S.138 of NI Act itself.

in ordinary case the consent of both the parties is necessary for compounding of offence, but in NI case what I believe if the accused is willing to pay the money then the court should compel the compounding or closure of the case.

the purpose of NI Act is not to get convictions only, if the complaint is not accepting the money then the inference shall go against him and accused be acquitted technically if he deposits the amount in the court.

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