Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant filed an affidavit admitting that accused has paid the amount to his satisfaction and that he has no objection if conviction is set aside - When accused and complainant have reached a settlement permissible by law and Court is also satisfied itself regarding..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Accused must try for compounding at the initial stages - However, there is no bar to seek compounding of the offence at later stages of criminal proceedings including after conviction...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Quashing of a case is different from compounding...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Accused in jail for more than one year before being released on bail and has also compensated the complainant - Complainant in compliance of the order has also deposited an additional amount of Rs.10 lakhs - There is no purpose now to keep the proceedings pending in appeal before..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have entered into amicable settlement without there being any coercion, threat or undue pressure - Accused already deposited the part of amount as per settlement and remaining amount directed to be deposited in Court - Accused directed to deposit 15% of cheque..........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Compromise - Non-compoundable offence - High Court has power to allow compounding of a non-compoundable offence and quash the prosecution u/s 482 Cr.P.C, where it feels that same is required to prevent abuse of process of law or otherwise to secure the ends of justice - Such power is not confined..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved their differences and have compromised the matter - Accused is a poor person, thus, 15% of cheque amount towards costs of litigation can be waived off in the interest of justice - Parties are allowed to compound the offence in terms of S.147 of the Act..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence at the belated stage - Parties have resolved their dispute amicably and complainant does not wish to continue the proceedings - However, since dispute is been resolved after long lapse of time and precious time of Courts have been spent by parties, it is deemed appropriate to..........
