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Cheque Bounce Matters - Court Can Close Proceedings On Payment Of Compensation

In M/S. METERS AND INSTRUMENTS PRIVATE LIMITED Vs KANCHAN MEHTA, the Supreme Court has clarified that an accused in a case under Section 138 of Negotiable Instruments Act can be discharged even without the consent of the complainant, if the Court is satisfied that the complainant has been duly compensated. It was also held that the normal role of criminal law that composition of offence is possible only with the consent of complainant/victim is not applicable for cases under Sec.138 of NI Act. This was because the offence under Section 138 was ‘primarily a civil wrong’. Therefore, the power under Section 258 of the Code of Criminal Procedure to stop trial and discharge the accused was available to the Magistrate even though the summary trial under Chapter
XXI of Cr.P.C.


Article referred: http://www.livelaw.in/breaking-sc-issues-directions-speedy-disposal-cheque-cases-court-can-close-proceedings-satisfaction-payment-cheque-amount-cost-interest-read-judgment/

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