https://www.taxtmi.com/caselaws?id=422205 Compounding of an offence under Section 138 of the Negotiable Instruments Act cannot be compelled by the accused merely by offering to deposit the cheque amount and costs. Section 147 makes the offence compoundable, but the manner of compounding remains subject to basic principles governing compounding and the complainant's consent. The court treated the earlier binding view as controlling and read the later view as permitting only a limited judicial discretion to close proceedings where the complainant has been duly compensated and the interests of justice so require. On the facts, the proposed payment was inadequate after a long delay and the complainant did not consent, so refusal to permit compounding was upheld. en-us Thu, 05 May 2022 00:00:00 +0530 Wed, 11 May 2022 20:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=422205 Compounding of an offence under Section 138 of the Negotiable Instruments Act cannot be compelled by the accused merely by offering to deposit the cheque amount and costs. Section 147 makes the offence compoundable, but the manner of compounding remains subject to basic principles governing compounding and the complainant's consent. The court treated the earlier binding view as controlling and read the later view as permitting only a limited judicial discretion to close proceedings where the complainant has been duly compensated and the interests of justice so require. On the facts, the proposed payment was inadequate after a long delay and the complainant did not consent, so refusal to permit compounding was upheld. Case-Laws Indian Laws Thu, 05 May 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=422205