LawforAll
advocatemmmohan
- advocatemmmohan
- since 1985 practicing as advocate in both civil & criminal laws
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Sunday, August 29, 2010
CHEQUE BOUNS CASE
SEC.138 AND 147-OFFENCE OF DISHONOUR OF CHEQUE-COMPOUNDING OF THE OFFENCE AT LATER STAGES OF LITIGATION-PERMISSIBLE-IT IS THE COMPENSATORY ASPECT OF THE REMEDY SHOULD BE GIVEN PRIORITY OVER THE PUNITIVE ASPECT-GUIDELINES FOR A GRADED SCHEME OF IMPOSING COSTS ON PARTIES WHO UNDULY DELAY COMPOUNDING OF THE OFFENCE IS BEING FRAMED. AT FIRST OR SECOND STAGE OF HEARING OF THE CASE, MAY BE ALLOWED WITHOUT IMPOSING ANY COST -AT A SUBSEQUENT STAGE, CAN BE ALLOWED SUBJECT TO THE CONDITION THAT HE HAS TO PAY 10% OF THE CHEQUE AMOUNT AND IF APPLICATION OR REVISION IS MADE, MAY BE ALLOWED ON CONDITION TO PAY 15% OF THE CHQUE AMOUNT BY WAY OF COST-FINALLY BEFORE SUPREMECOURT THE FIGURE WOULD BE TO 20 % OF THE CHEQUE AMOUNT-2010 SAR CRIMINAL 501.