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09. COMPOUNDING OF OFFENCE
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Section 138, Criminal Procedure Code, 1973, Section 320 - Dishonour of cheque - Conviction of accused - Compromise between parties - Accused paying entire amount of cheque - Compounding of offence allowed by Court - Conviction set aside. (P.V.V.Raghu Vs Smt.N.K.Laxmi) 2000(3) CIVIL COURT CASES 477 (A.P.)
Section 138, Criminal Procedure Code, 1973, Section 320(6) - Dishonour of cheque - Compounding of offence - In absence of prohibition against compounding, either in Act or in Code, compounding of offence is permissible. (M.Rangaswamaiah Vs R.Shettappa) 2001(1) CIVIL COURT CASES 416 (Kant.) : 2001 ISJ (BANKING) 0278
Section 138 - Compounding of offence - Offence u/s 138 Negotiable Instruments Act is not compoundable - No such permission can even be granted by High Court by taking recourse to its inherent powers under S.482 of the Criminal Procedure Code. (Prakashchandra Chaudhary Vs State of Madhya Pradesh) 2002(1) CIVIL COURT CASES 93 (M.P.) : 2002 (1) ISJ (BANKING) 0567
Section 138 - Compounding of offence - Trial Court convicted accused - During pendency of appeal parties arriving at settlement - Accused depositing amount of cheque before Appellate Court - Complainant undertook that he will not press for conviction and sentence - Appellate Court to consider subsequent events and pass orders according to law - Appellate Court will consider whether conviction is to be maintained or an order of imposition of fine is to be passed. (M/s Cranex Ltd. Vs M/s Nagarjuna Finance Ltd.) 2001(1) CIVIL COURT CASES 540 (S.C.) = 2001(1) APEX COURT JOURNAL 183 (S.C.)
Section 138 - Compromise - Offence is compoundable - Dispute resolved and complainant received the cheque amount - Conviction and sentence set aside - Petitioners acquitted of charges framed against them. (Sahukar Distributors Vs R.V.Enterprises) 2001(1) CIVIL COURT CASES 394 (P&H) : 2000 ISJ (BANKING) 0719
Section 138 - Dishonour of cheque - Compounding of offence - There is no power to compound an offence punishable under S.138 of Negotiable Instruments Act. (Ram Raghav Chaturvedi Vs State of Madhya Pradesh) 2001(3) CIVIL COURT CASES 276 (M.P.)
Section 138 - Offence u/s 138 Negotiable Instruments Act is compoundable. (M/s.Jai Maa Bhawani Financiers Pvt. Ltd. Pathankot Vs Muni Lal Kamal Kishore, Shahpur, Distt. Kangra) 2004(2) CRIMINAL COURT CASES 172 (P&H)
Section 138 - Compounding of offence - Accused convicted - Appeal dismissed - Dispute settled during the pendency of Revision and payment made - Parties requested for compounding of offence - Held, in the absence of any contrary provision in the facts and circumstances of the present case there cannot be any bar for granting permission to compound the offence in the interest of substantial justice between the parties. (Naimesh P.Pandya Vs State of Gujarat) 1999(2) CIVIL COURT CASES 342 (Guj.) : 1999 ISJ (BANKING) 0345 : 1999 (1) ALL INDIA CRIMINAL LR (GUJARAT) 0276 : 1998 CRL. L.J. 4424
Section 138 - Compromise - Accused agreeing to pay the amount with interest - Offence under S.138 is not wiped out once it was complete - The complainant may withdraw the complaint in view of the compromise or the Court may show leniency but it cannot be stated that the offence was not made out. (Marimuthu Vs Arumugam) 1999(SUPPL.) CIVIL COURT CASES 101 (Madras) : 1998 (3) ALL INDIA CRIMINAL LR (MADRAS) 0728 : 1999 (1) ALT (CRL.) 0576
Section 138 - Matter alleged to be compromised - Amount alleged, admitted to be received, but explained that it was only partial payment of debt - Complainant not prepared to withdraw case - Case not compoundable - No error on part of Magistrate in proceeding with case - Accused can resummon complainant for cross-examining him on point of compromise and amount paid. (V.M.Chopra Vs State & Anr.) 1999(SUPPL.) CIVIL COURT CASES 154 (Raj.)