P&H: Dishonour of Cheque - Cannot Compel Compounding In NI Act Cases Without Complainant’s Consent

Negotiable Instruments Act, 1881, Ss.138, 147, Criminal Procedure Code, 1973, S.482, Constitution of India, Art.142 — Dishonour of cheque — Compounding — Consent of complainant — Complainant has specifically opposed prayer for compounding and has consistently asserted that petitioner has abused process of law and failed to...

Negotiable Instruments Act, 1881, Ss.138, 147 — Compounding plea at advanced stage — Willingnesss to pay, at highly belated stage after years of protracted litigation and repeated defaults, cannot be itself confer an indefasible right upon accused to seek compunding, partcularly when complainant is not...

Negotiable Instruments Act, 1881, Ss.138, 147 — Dishonour of Cheque - Precedents — Guidelines encouraging early settlement cannot be read to mean that irrespective of conduct of accused and irrespective of surrounding circumstances, compunding must necessarily be permitted in every case. (Para 10)

Constitution of India, Art.142, Criminal Procedure Code, 1972, S.482 -- Power excercised by Hon'ble Supreme Court u/Art.142 of Constitution cannot be equated with jurisdication exercised by High Court u/s.482 Cr.P.C. (Para 10)