Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

Complainant’s Consent Crucial for Compounding Offences Under N.I. Act, Rules High Court

07 May 2024 8:19 AM

By: Admin


High Court dismisses petition, affirms that complainant’s consent is essential for compounding under Section 147 of the Negotiable Instruments Act.

The High Court of Punjab and Haryana at Chandigarh has reaffirmed the requirement of the complainant’s consent for the compounding of offences under Section 138 of the Negotiable Instruments Act (N.I. Act). The bench, led by Justice Kuldeep Tiwari, dismissed a criminal revision petition (CRM-M-22823-2024) filed by Surinder Kumar Bindal and another against Satinder Nath Radhey Shyam and Sons. The petition challenged the Additional District Judge’s order which refused to compound the offence due to the lack of the complainant’s consent.

The case arose from a complaint filed by Satinder Nath Radhey Shyam and Sons under Section 138 read with Section 142 of the N.I. Act, following the dishonor of a cheque issued by the petitioners. The trial culminated in the conviction of the petitioners, who were sentenced to two years of imprisonment and directed to pay Rs. 25,00,000 each as compensation. During the pendency of their appeal, the petitioners sought to compound the offence under Section 147 of the N.I. Act, which was denied by the appellate court due to the complainant’s refusal.

  1. Necessity of Complainant’s Consent:

The High Court reiterated that the consent of the complainant is essential for the compounding of offences under Section 138 of the N.I. Act. Justice Kuldeep Tiwari observed, “The consent of the complainant is an integral part of the compounding process under Section 147 of the N.I. Act. The courts cannot override this requirement.”

Legal Reasoning and Precedent:

The judgment referenced several Supreme Court rulings, including the landmark cases of M/s Meters and Instruments Pvt. Ltd. V. Kanchan Mehta and Damodar S. Prabhu v. Sayed Babalal H., emphasizing the necessity of consent for compounding. The court distinguished these cases, noting that subsequent Supreme Court decisions have clarified that compounding without consent is not permissible.

Inapplicability of Section 482 Cr.P.C.:

The court rejected the petitioners’ attempt to invoke Section 482 of the Code of Criminal Procedure (Cr.P.C.) to compound the offence without the complainant’s consent. Justice Tiwari remarked, “Section 482 Cr.P.C. cannot be used to circumvent the mandatory requirement of the complainant’s consent under Section 147 of the N.I. Act.”

Justice Kuldeep Tiwari stated, “The recent Supreme Court ruling in Raj Reddy Kallem unequivocally reaffirms that consent is a fundamental aspect of compounding under the N.I. Act. Without it, the jurisdiction of the court to compound the offence is restricted.”

The High Court’s decision reinforces the legal framework surrounding the compounding of offences under the N.I. Act, highlighting the indispensable role of the complainant’s consent. This judgment is expected to have significant implications for future cases, ensuring strict adherence to the statutory requirements and maintaining the integrity of the compounding process.

 

Date of Decision: 18th May 2024

Surinder Kumar Bindal and Another v. Satinder Nath Radhey Shyam and Sons

Latest Legal News