GOPAL MOHAN MISHRA (RETIRED BANK MANAGER) 04 March 2010

SUGGESTION REQUIRED

D/Sir,

Kindly suggest me that,

Can a criminal case u/s 406,409,420 I.P.C.,be compromised by the complainant & accused outside the court, at the level of trial of the case (after framing of charges by the S.D.J.M.),with the permision of the said court ? For more details the complainant is a Bank Manager, who is now a retired person & accused is an officer of the Bank. Police case against the accused was filed with the written permission of the Bank Management & for his offence, the accused was suspended,faced departmental proceedings & punished severly by the Bank. Now, the complainant being retired, doesnot want to appear in the court as witness of the case & proceed further. So, the question is whether the case be copromised & compunded with the permission of the court or not ?

.GOPAL MOHAN MISHRA

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4 Replies

Arvind Singh Chauhan (advocate) 04 March 2010

Sir 406 and 420 is compoundable with the permission of court but 409 is not compondable. Out of court settlement is illegal.

GOPAL MOHAN MISHRA (RETIRED BANK MANAGER) 05 March 2010

Thanks Arvind. Here are some more details,

1. Complainant after retirement from Bank resides with his son at a far distant place, in other state ( nearly 400 K.M. from the location of the said court ).

2. Can complainant claim travelling & halting expenses for his visits on different dates to the concerned court for witness, examination-in-chief, cross-examination & other legal procedures, because in court cases no one can say, how many times he will be called for witness.

3. Whatever, the complainant did was in his official capacity as Bank Manager, with the written permission of the Senior Bank Officials ( Bank Management ), & he has nothing personal against the accused.

Kindly suggest, what Complainant should do to get out of this case legally, at the earliest.

GOPAL MOHAN MISHRA

Arvind Singh Chauhan (advocate) 05 March 2010

In so many cases of 409, bank employee appears in the court after retirement. It is usual practice of them to have court certificate that, they appeared on so and such date in the court. From where they claims the money god knows. You should collect respective rules from your bank also.

Generally if the case is state case witness is called only one time.

For your kind information there is an amount deposited in court also, for the expenditure beared by state witness, but generally it is provided to poor witness.

GOPAL MOHAN MISHRA (RETIRED BANK MANAGER) 06 March 2010

D/Sir,

For your kind information, it is a state vs accused case.

Meanwhile, I have come to know that the Hon'ble Supreme Court in a recent judgement has observed that even a non-compoundable offence can be compromised & compounded with the consent & permission of the concerned court. If it is so, then can any learned advocate, provide me a copy of the said judgement, for which I shall be highly oblidged.

GOPAL MOHAN MISHRA

Originally posted by :GOPAL MOHAN MISHRA
"	D/Sir, Kindly suggest me that, Can a criminal case u/s 406,409,420 I.P.C.,be compromised by the complainant & accused outside the court, at the level of trial of the case (after framing of charges by the S.D.J.M.),with the permision of the said court ? For more details the complainant is a Bank Manager, who is now a retired person & accused is an officer of the Bank. Police case against the accused was filed with the written permission of the Bank Management & for his offence, the accused was suspended,faced departmental proceedings & punished severly by the Bank. Now, the complainant being retired, doesnot want to appear in the court as witness of the case & proceed further. So, the question is whether the case be copromised & compunded with the permission of the court or not ? .GOPAL MOHAN MISHRA	"