SURINDER KUMAR BINDAL AND ANOTHER V. SATINDER NATH RADHEY SHYAM AND SONS, 2024 (PH) 212
FACTS- The complainant/respondent filled a complaint under Section 138 read with Section 142 of the N.I. Act, the petitioners were, vide order dated 30.04.2016, summoned to face trial. The trial launched against the petitioners culminated in their conviction, whereupon, the learned trial Court concerned, held the petitioners guilty for commission of offence punishable under Section 138 of the N.I. Act and sentenced them to undergo imprisonment for a period of two years and to pay a sum of Rs.25,00,000/- each, i.e. the amount of cheque in question, out of which Rs.5,000/- each was directed to be paid as fine and remaining amount was directed to be treated as compensation to the complainant. From the verdict of conviction, the petitioners preferred a statutory appeal before the learned first appellate Court concerned, which was pending consideration.
ISSUES- Whether Court Can Compel Complainant To Give Consent U/S 482 CrPC For Compounding Offence?
OBSERVATION- Court held that it cannot compel the complainant to give his consent, or, in the alternative exercise its powers under Section 482 Cr.P.C, without the consent of the complainant, for ordering compounding of the offence by directing the petitioner to make payment of the cheque amount and/or the compensation amount, which the petitioners have now themselves offered before this Court. Iit is also true that mere repayment of the amount cannot mean that the appellant is absolved from the criminal liabilities under Section 138 of the NI Act." Hence, the plea was dismissed.
