Even though Complainant has been duly compensated by Accused yet the Complainant does not agree for compounding of the offence, the Courts cannot compel the Complainant to give ‘consent’ for compounding of the matter | Mere repayment of the amount cannot mean that the appellant is absolved from the criminal liabilities under Section 138 of the NI Act – Raj Reddy Kallem Vs. The State of Haryana and Anr. – Supreme Court
April 24, 2024
In the case, initially both sides agreed to compound the offence at the appellate stage but the appellant could not pay the amount within the time stipulated in the agreement and the complainant now has shown her unwillingness towards compounding of the offence, despite receiving the entire amount.
Hon’ble Supreme Court held that all the same, in this particular given case even though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter. It 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.
