Keeping in view sec 147 NI Act and 2010(1) RCR Criminal 851 SC

Querist : Anonymous (Querist) 17 February 2011 This query is : Resolved
Can the offence be compunded at the instance of accused or if accused moves an application for compounding can the trial court or High court force the complaint to compound the offence and what will happen if the accused deposits the cheque amount in court by way of DD and is ready to give fine also but complainant (a BanK) is not ready to compound. what can the accused do

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abhishek (Expert) 17 February 2011
Negotiable Instruments Act, 1881- Section 147- Compounding of offences- If an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10 % of the cheque amount- if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs- If the application for compounding is made before the Supreme Court , the figure would increase to 20% of the cheque amount – However, directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the Court without imposing any costs on the accused.- Damodar S. Prabhu vs. Sayed Babalal H. 2010-2 PLR 689 S.C.
the offence can only be compounded on mutual consent of both the complainant and the accused.

SANJAY GUPTA (Expert) 17 February 2011

A criminal court can not force complainant to compromise the matter, you can go for the plea bargaining as per the latest supreme court decision and you can also plead guilty in the case if the amount is not big, where magistrate can impose fine along with compensation to the accused person.

Advocate Bhartesh goyal (Expert) 18 February 2011
The offence of sec.138 of N.I.Act can only be compounded on mutual consent of both complainant and accused and court can not compel complainant to do so.Deposite of full amount of cheque during trial can not mitigate offence though same may have bearing on question of sentance.