Legal Question in Criminal Law in India

meaning of compoundable

U/s 147 NI act every offence compoundable. What is the meaning of compoundable? Should victim keep on going here and there in civil remedy also encouraging multiplicity of proceedings? Situation 1. Complainant during trial (period of trial is uncertain i.e. it may be two years or four years or so on) receives the part payment on different dates whatever is given by the accused upto the face value of cheque but does not make a compromise and tells that the interest u/s 80 NI Act and prosecution cost should be given whether to receive amount upto the face value during trial or any other stage can be considered by trial court or any superior court as offence is compounded or should the complainant be got paid whatever due under the dishonoured cheque as per NI Act + prosecution cost ? Situation 2. Accused after passing years in trial, at the almost time of decision submit a draft that is equal to the face value of cheque or something more but neither double or nor includes interest as per s 80 if complainant accepts this but at same time says it should not regard as compromise and the case should be decided on merit, whether this can be regarded as offence being compounded or accused should be convicted, what is the law?


Asked on 4/12/09, 8:11 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: meaning of compoundable

Payment of amount of cheque does not amount to compounding or compromise. At the payment may be a mitigating circumstance for lesser punishment.

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Answered on 4/13/09, 1:27 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: meaning of compoundable

compoundable means which can be compromise.

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Answered on 4/13/09, 11:04 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: meaning of compoundable

You may need to wait for the final order by the court. If you are not satisfied with the decision, you may consider other options. Your consent may be required for 'compounding' the offence.

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Answered on 4/14/09, 9:23 pm
Pranav Desai PD Legal & Associates

Re: meaning of compoundable

Well!!! compoundable means that the complainant can after compromise with the accused can withdraw the case against the accused. In you situation if the offence is committed even if the complainant acccepts money more than the face value of the cheque it cannot be considered to be a situation where the complainant has compromised.

Complainant is said to have compromised if after receiving the payment he does not want to proceed further in the matter and would like to withdraw the case.

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Answered on 4/15/09, 5:05 am


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