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Anubhav (Analyst)     01 June 2014

Damodar s. prabhu v. sayed babalal h. (2010) 5 scc 663

Hi There, I have been accused under sec 138 of IPC, against bouncing of cheques. I am ready to pay from very first day however the complainant had filed case with intent of harassing me. I had moved an application to hon'ble high court over this which directed District CJM court to consider and settle the case under "Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663" Unfortunately still I am not getting any relief as lower court says that compounding of offence can only be done with mutual consent of both parties and this case complainant is not ready. I had also offered 10% above the cheque amount. As the case is in trial in my home town and I am in NCR from last seven years its not possible for me to take bail for the case and fight in normal course which the complainant now's trying to harrase while the cheque amounts are very nominal around INR 15000 only. Please suggest the appropriate.

In case any additional information required please let me know @ anubhav.sethi.max@gmail.com



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 2 Replies

priyan Sharma (Officer)     01 June 2014

Dear Anubhav ji,

Basically it is the complainant who compounds the case.  Accused cannot claim compounding as of right. If complainant is not interested then court cannot force him to enter into compromise.  The judgement of Hon'ble Supreme court passed in Damodar S. Prebhu applies only when parties entered into compromise. But, in your case in my opinion the court can consider your bonafidies at the time of Judgement.

 

Anubhav (Analyst)     01 June 2014

Priyan Ji, Thanks for your inputs however you or anyone else on the forum can suggest the best way to get out of this. As this turning up with big mental harrasement for me. Please help me with way out...Thanks!!!


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