A.S. Pharma Pvt. Ltd. vs Nayati Medical Pvt. Ltd. 2024 INSC 690 – Ss 138,147 NI Act – S 482 CrPC – Compounding Of Cheque Bounce Cases

Negotiable Instruments Act,1881- Section 138,147 –An offence under Section 138, N.I. Act could be compounded under Section 147 thereof, only with the consent of the complainant concerned’ . (Para 17)

Code of Criminal Procedure,1973- Section 482 – Merely because, in Raj Reddy Kallem v. The State of Haryana & Anr. 2024 INSC 347, SC ‘quashed’ the proceedings by invocation of the power under Article 142 of the Constitution of India, cannot be a reason for ‘compounding’ an offence under Section 138, N.I. Act, invoking the power under Section 482, Cr.P.C. and the power under Section 147, N.I. Act, in the absence of consent of the complainant concerned. (Para 18)

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