Querist :
Anonymous
(Querist) 11 April 2011
This query is : Resolved
I recently heard from a friend that now onwards accused u/s 138 will have to deposit 10% of the total amount in question to the court which will be non-refundable. is this true? they say that there is also some ruling of Supreme Court on the same recently. Can someone please give me reference of that judgement please? I want to read that.
Arvind Singh Chauhan
(Expert) 11 April 2011
Yes if the application for compounding of offence is not filed on first or second hearing and is filed at late stage. Find the judgment-
Parveen Kr. Aggarwal
(Expert) 11 April 2011
In case the accused wants to contest the case, he need not deposit any amount. However, in case he intends to compound the case and the complainant accedes to his request for compounding, the accused has to pay the percentage of cheque amount (10%, 15% etc. according to stage of the case) as cost to be deposited with the legal service authority.
Querist :
Anonymous
(Querist) 11 April 2011
Sir, Does it mean that this amount is over above the amount of cheque which he has agreed to pay, means does he have to pay 110%, 115% and 120% Resp for compounding at sessions, high court and supreme courts?
R.Ramachandran
(Expert) 12 April 2011
Yes, it is in addition to the amount of the cheque.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup