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2018 (9) TMI 2081 - HC - Indian LawsDishonor of cheque - compounding of offences - compromise arrived at between the parties - HELD THAT:- So far as the compromise between the parties, under which the petitioner can take recourse, is concerned, the same has already been held to be finally revoked by this Court, with further liberty to the respective parties; to prosecute their criminal cases against each other. Therefore, by any means, it would not have been possible for the trial Court to give effect to any kind of agreement/compromise or consent; on the part of the complainant on its own. Whether the application filed by the petitioner for compounding of the offence under Section 138 of Negotiable Instruments Act, would have been allowed even without consent of the complainant? - HELD THAT:- The trial Court has rightly rejected the application for compounding moved by the petitioners; for the lack of necessary consent from the complainant. This Court does not find any illegality or infirmity in the order passed by the trial Court. In the present case, admittedly, there is no consent for compounding on the part of the complainant, therefore, it was impermissible for the trial Court to permit compounding merely on unilateral application moved by the petitioner/accused. Hence the trial Court has not committed any illegality by declining the application for compounding. Petition dismissed.
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