Can merely because the litigation has reached to a revisional stage or that even beyond that stage, the nature of offence punishable under Section 138 of the NI Act, be treated as if the same is falling under Table-II of Section 320 CrPC? | Are the parties, in reference to offence under Section 138 NI Act read with Section 147, at liberty to compound the matter at any stage even after the dismissal of the proceedings? – Natarajan Vs. Mani @ Sundharamoorthy – Madras High Court
January 21, 2025
The Hon’ble Madras High Court is not in agreement that when the adjudication of a criminal offence has reached to the state of revisional level, there cannot be any compromise without permission of the court in all case including the offence punishable under the Negotiable Instruments Act, 1881 or the offence mentioned under section 320 of Cr.P.C., can be compounded only if High Court or Court of Sessions grants permission for such purpose. The Court presently, concerned with an offence punishable under ‘N.I. Act’. It is evident that the permissibility of the compounding of an offence is linked to the perceived seriousness of the offence and the nature of the remedy provided.