Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

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