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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMAN CHAUDHARY
Gian Chand – Appellant
Versus
Gopal Krishan Malhotra – Respondent
JUDGMENT :
Aman Chaudhary, J.
This order shall dispose of above-mentioned two petitions involving identical facts, but different cheques, and thus resulting in two separate complaints under Section 138 of the Negotiable Instruments Act, 1881, (for short ‘N.I. Act’).
2. Challenge in the present petitions are to the orders dated 28.04.2017, Annexure P-5 in CRM-M-26106-2017 and 01.09.2017, Annexure P-6 in CRM-M-35461-2017, whereby applications moved by the petitioners under Section 147 of the Negotiable Instruments Act seeking compounding the offences have been dismissed.
3. Learned counsel submits that the petitioners are ready to make the payment of cheque(s) amount i.e. Rs.13,50,000/- in both cases, therefore, necessary direction be given to compound the offence.
4. Learned counsel for the respondent submits that though the petitioners had filed applications for compounding the offence before the Appellate Court/trial Court, however, even though the respondent was not agreeable for it on account of the fact that they were only paying the cheque amount and not anything over and above. As such, the respondent has a right to refuse to get the offence compounded. Further that, the matte
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.
The compounding of the offence under Section 138 N.I. Act is permissible without the consent of the complainant if the accused has been duly compensated, and the Court can use its inherent powers und....
The compounding of offences under Section 138 of the N.I. Act requires the consent of the complainant, and the inherent powers of the High Court cannot be used to circumvent this requirement.
Even after conviction, the parties may compound the matter by moving a Compounding Application under Section 147 of the Negotiable Instruments Act.
Compounding of offences under NI Act Section 138 requires complainant's consent, and cannot be unilaterally initiated by the accused.
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