Offense can be compounded without the consent of the complainant

Anti Corruption Team ACT help desk Dishonor of Cheque NI Act - Negotiable Instruments Act, 1881-Dishonor of Cheque Compounding of S. 138

Section 138 NI Act. Offense can be compounded without the consent of the complainant at the initial stage, provided he is given appropriate compensation: Bombay High Court

Case Number:Criminal Application (APL) No. 566/2023

Case Title: Anuradha Kapoor and others vs. State of Maharashtra and others.

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Article ID:

3973

Category:

Compounding of S. 138

Date added:

2023-12-02 01:57:52

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it is not necessary that the person against whom the offense under Section 3 of PMLA is charged should be shown as accused in the scheduled offence.
civil and criminal cases run together in property matters
It cannot be probable defence that complainant has no capacity to pay the money until and unless an initial defence is set up by a reply notice
Complainant proved that accused issued cheque after availing loan of Rs.3,50,000
chose not to reply to legal notice

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Offense can be compounded without the consent of the complainant

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