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Compounding of offence punishable under section 138 N. I. Act (2012-07-13)

Negotiable Instruments Act, 1881; S. 138/147 ----- Compounding of offence punishable under section 138 N. I. Act ----- The Accused offered cheque amount along with interest in accordance with the judgment of Damodar S. Prabhu vs Sayed Babalal H. (LU Mar 15) 2018 has not been accepted by the complainant on the pretext that the complainant is entitled to more amount beyond the amount of cheque for having been unnecessarily harassed ----- Held: the proceedings under Section 138 of the Negotiable Instruments Act cannot be permitted to be used as a trump card to earn interest in the garb of prosecution -----bonafide of an accused, who offer the amount of cheque in dispute in proceedings under Section 138 of the Negotiable Instruments Act cannot be ignored ----- Direction that the personal appearance of the accused may be exempted if the cheque amount along with interest is paid in accordance with the Damodar S. Prabhu vs Sayed Babalal H. (LU Mar 15) 2018 ------ evidence can be recorded in the presence of counsel for the petitioner by exempting his personal appearance.

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