Headline
The Supreme Court of India said that the assent of the complainant is necessary for compounding the cases of cheque dishonour.
Summary
The Supreme Court of India stressed that in cheque dishonour matters, a complainant’s consent is necessary for compounding the offense.The Supreme Court of India condemned the High Court for compounding an offense without the assent of the complainant ,by shedding light upon the distinct powers under Section 147 of the Negotiable Instrument Act and Section 482 Cr.P.C.
Key Facts
- Case Name: A.S. Pharma Pvt. Ltd. v. Nayati Medical Pvt. Ltd. & Ors.
- Name of Judges: Justices CT Ravikumar and Justice Sanjay Karol
- The High Court without the complainant’s consent compounded a cheque dishonour offense, invoking Section 482 Cr.P.C.
- The Supreme Court of India ruled this action is unsupportable.
Legal Insights
The Supreme Court of India made clear that under Section 147 of the Negotiable Instrument Act, compounding of offense needs the complainant’s assent. Section 482 of Criminal Procedure Code(Cr.P.C.) cannot override this necessity.
Impact
This ruling of the Supreme Court of India strengthens the legal requirement in which the complainant’s consent in compounding cheque dishonour matters is necessary , stopping the misuse of judicial powers.
Why it Matters
The SC ruling makes sure that complainants retain control over the compounding of offenses in cheque dishonour matters, protecting their legal rights.
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