Compounding of cheque bounce cases where complainant not agreed
Querist :
Anonymous
(Querist) 07 September 2011
This query is : Resolved
Section 147 was inserted by way of an amendment to a special law, the same will override the effect of Section 320(9) of the Cr.P.C., especially keeping in mind that Section 147 carries a non- obstante
clause...”
Hence, it is held that the Court where finds that payment of cheque has been paid to the complainant or amount is deposited in the Court for disbursal to the complainant in consonance with the guidelines and parameters enumerated in Damodar S. Prabhu's case (supra), the Court, in the facts and circumstances of the case, can quash the complaint and subsequent proceedings without the consent of the complainant under Section 147 of the 1881 Act. To emphasize this, the Code of Criminal Procedure, in the table specified in Section 320 Cr.P.C, in column No.3, mentions the person who can compound the offence, whereas there is no such requirement under Section 147 of the 1881 Act.
Punjab & Haryana High Court Criminal Misc. No. M-22336 of 2008
Date of Decision: 14.10.2010
Guest
(Expert) 07 September 2011
Nice of you for sharing a good case law.
prabhakar singh
(Expert) 07 September 2011
okay but what is your query???????
I have read this judgement which should not be understood by an accused that in every case section 147
N.I.Act would be invoked by court in his favor without looking upon his through out conduct beginning from the date of notice of demand served upon him.It is not a blanket an accused can use as and when he feels cold.
Raj Kumar Makkad
(Expert) 07 September 2011
I second te views of prabhkar singh and suggest to put such case laws in another form of this site namely judiciary.
