Eye-Witnessed, Explained, and Proven — Murder by Brother for Mango Tree Dispute Upheld: Orissa High Court Confirms Life Sentence Suspension Period Cannot Be Treated as Duty Unless There Is Full Exoneration or Specific Order: Madras High Court Reverses Relief Granted to Constable Litigation After 17 Years Cannot Be Resurrected on Technicalities: Supreme Court Overturns High Court's Remand in Partition Suit, Upholds Strict Enforcement of Limitation Law Rules of the Game Cannot Be Changed Midway: Supreme Court Upholds Woman Candidate’s Appointment to DSP Post Reserved under SC Sports Quota No Input Tax Credit Where Sale Itself Is Tax-Exempt Under Section 7(c): Supreme Court Rejects Policy-Based Interpretation in VAT Dispute Without Sending Document To Handwriting Expert Or Police Complaint Not Sufficient To Rebut Statutory Presumption Under Section 118 Of The Ni Act: Andhra Pradesh High Court He Was Beaten to Death, She Was Strangled – Love Affair Ended in Double Murder: Allahabad High Court Confirms Life Sentence in Shocking Meerut Honor Killing Case Right to Bail Cannot Be Denied Merely Due to Statutory Bar If Trial Is Unlikely to Commence: Kerala High Court Grants Bail to Accused in ISIS-Linked UAPA Case You Can’t Cling to One Officer When the State Has the Power to Move On: Bombay High Court Rejects Plea to Scrap Draft Development Plan for Aurangabad In Absence Of Prayer, Permanent Alimony Cannot Be Granted As A Matter Of Course: Gujarat High Court Sets Aside ₹70 Lakh Alimony Award You Can’t Hijack a 2010 Land Case with 2019 Sale Deeds: Telangana High Court Rejects Attempt to Reopen Trial at Final Stage Accused Who Conceal Themselves and Obstruct Justice Cannot Seek Shelter Under Anticipatory Bail: Supreme Court Cancels Pre-Arrest Bail in ₹4,120 Crore Corporate Fraud Case Court Must Sift Grain From Chaff; Mere Acquittal Of Co-Accused Does Not Dilute Cogent Eyewitness Testimony: Punjab & Haryana High Court Upholds Conviction For Fatal Knife Attack Surrender With Blood-Stained Weapon Proves Guilt: Allahabad High Court Confirms Life Sentence In Wife Murder Case

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

Similar News