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Costs on parties who unduly delay compounding of the offence

In Damodar S.Prabhu vs Sayed Babalal, the Supreme Court had issued the following guidelines for a graded scheme of imposing costs on parties who unduly delay compounding of the offence :-


  • That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the court without imposing any costs on the accused.
  • If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit.
  • Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs.
  • Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount.

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