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2022 (5) TMI 465 - HC - Indian LawsDishonor of Cheque - Seeking permission for compounding of offences - HELD THAT:- The dispute, in this case, was only the stage at which the parties can appropriately be allowed to compound the offence. In the case of JIK Industries [2012 (2) TMI 269 - SUPREME COURT], however, the precise issue was as to whether the consent of the parties was necessary to compound the offence and it was held that the basic mode and manner of effecting the compounding of an offence under Section 320 Cr.P.C. cannot be said to be not attracted in case compounding of offence under Section 147 of the Negotiable Instruments Act. In fact Section 320 Cr.P.C. enumerates the manner in which the offences are to be compounded whereas Section 147 of the Act makes the offences under the Act compoundable without explaining the manner in which the compounding is to take place. Coming back to the facts of the present case, the cheques pertain to the year, 2011 totalling a sum of Rs.2,24,996/-. As per the learned counsel for the petitioners, the petitioners were willing to make a payment of Rs.4,00,000/-. This payment of Rs.4,00,000/- after ten years of the issuance of the cheques, in the opinion of this Court, is grossly inadequate and is not sufficient to compensate the complainant so as to enable this Court to exercise its discretion to close the proceedings, particularly, in the circumstances, when the complainant is not willing to consent to compounding. Petition dismissed.
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