Compounding in sec 138

Querist : Anonymous (Querist) 05 January 2011 This query is : Resolved
Whether compounding has to be approved by complainant or if accused agrees to pay the cheque value, how the Court views.

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Guest (Expert) 05 January 2011
BY THE LATEST AMMENDMENT THE OFFENCE UNDER SECTION138 OF NEGOTIABLE INSTRUEMENTS ACT IS MADE COMPOUNDABLE.
IT MEANS THE COMPLAINENT AND ACCUSED CAN COMPROMISE THE DISPUTE WITH THE PERMISSION OF THE COURT BY SUBMITING JOINT APPLICATIONIN THE COURT AND COMPLAINENT AND ACCUSED SHOULD REMAIN PRESENT IN COURT.MERELY BY PAYING THE CHEQUE AMOUNT BY THE ACCUSED ,IS NOT ENOUGH FOR COMPOUNDING THE CASE .COMPLAINENT SHOULD AGREE AND SUBMIT APPLICATION IN COURT FOR COMPOUNDING THE SAID CASE.
THEN COURT WILL PASS ORDER ON SAID APPLICATION.GOOD LUCK.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.nandkumarbs@sify.com
e.mail.advocatesawantnb@yahoo.com

Parveen Kr. Aggarwal (Expert) 05 January 2011
How can a complaint of cheque dishonour be compounded without the consent and concurrence of the complainant?

G. ARAVINTHAN (Expert) 05 January 2011
I agree with Nanda Kumar

Prakash Yedhula (Expert) 05 January 2011
It cannot be done without the consent of the complainant

Amit Minocha (Expert) 06 January 2011
Mr Nand Kumar has rightly stated out the law.

Querist : Anonymous (Querist) 06 January 2011
Thanks all of you. You have rightly answered my question.

DEFENSE ADVOCATE.-firmaction@g (Expert) 07 January 2011
Dear sir the SC has changed the system of compounding in NI 138 cases pl go in forum as well files section to see the SC citaion in this matter.

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