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SUBHENDU SAMANTA
In The Matter of Dilip Adhikary – Appellant
Versus
Basanta Nath – Respondent
JUDGMENT :
(Subhendu Samanta, J.)
Both the criminal revisions have preferred u/s 141 of the Code of Criminal Procedure against two order and judgments dated 12th October 2018 passed by the Learned Additional Sessions Judge, Fast Track 2nd Court Howrah in criminal appeal No.53 of 2016 and 149 of 2015 respectively by upholding and modifying the order of conviction and sentence passed by the Judicial Magistrate sentencing the present petitioner to suffer punishment till rising of the court and directed to pay compensation amounting to Rs.1,20,000/-(One Lakh twenty thousand only) and Rs.6,80,000/-(Six Lakh eighty thousand only), respectively with a direction to surrender within 30 days.
2. The brief fact of the case is that the present opposite party lodged a written complaint before the Learned Judicial Magistrate, Howrah u/s 138 of the Negotiable Instrument Act (NI Act) against the present petitioner. The Learned Magistrate upon the said complaint has initiated case, considered the evidences on record and hold the petitioner guilty of commission of offence u/s 138 of NI Act and pass the order of sentence and compensation. Being aggrieved by and dissatisfied with the said judgment and
Compounding of offences under NI Act Section 138 requires complainant's consent, and cannot be unilaterally initiated by the accused.
The court has the power to compound the offence under Section 138 of the Negotiable Instruments Act, even after the conviction of the accused, based on the provisions of Section 147 of the Act and re....
The court emphasized the compensatory nature of the provision under Section 138 of the Negotiable Instrument Act and highlighted the discretion of the court to proceed in the absence of direct consen....
The complainant has the unilateral right to compound offences under Section 138 of the NI Act, independent of the guidelines in Damodar S. Prabhu.
An offence under Section 138 of the Negotiable Instruments Act can only be compounded with the consent of the complainant, as reiterated by the court.
Convictions under Section 138 of the Negotiable Instruments Act can be compounded at any stage, including after the conviction has been upheld by the appellate court.
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