The High Court in the case had compounded the offence, even though the appellants or complainant had not consented, by invoking its inherent power under Section 482 of the Code of Criminal Procedure, CrPC.
The bench comprising of Justice CT Ravikumar and Justice Sanjay Karol in the case observed that a bare perusal of Section 482 of Code of Criminal Procedure, CrPC and section 147 of the Negotiable Instrument, NI Act would reveal they are different and distinct. The former being the inherent power of High Court exercisable even suo motu to give effect to any order under Code of Criminal Procedure, CrPC or to prevent abuse of the process of any court or otherwise to secure the ends of justice.
Adding to it, the bench stated that the power for compounding offence is under Negotiable Instrument, NI Act is not available without the consent of a complainant.
The court stated that certainly the power under Section 482 of Code of Criminal Procedure, CrPC is not invocable, ignoring the factor which is sine qua non for the exercise of power to compound the offence(s) under N.I. Act viz., the consent of the complainant.
The court placed reliance in the case JIK Industries Ltd. & Ors v. Amarlal V.Jumani & Anr., wherein the court in the case refused to accept the contention that in view of Section 147, NI Act, which is a special statute, the requirement of consent of the person compounding the offence under Section 13 8, Negotiable Instrument, N.I. Act is not required.
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ASSEMBLY POLLS: CONG KICKS OFF 'NYAY YATRA'
The Congress kicked off its month-long \"Delhi Nyay Yatra\" from Rajghat on Friday to put pressure on the AAP government in the city on various issues ahead of the Assembly polls due early next year.
CBI nabs DUSIB legal officer for taking bribe
The Central Bureau of Investigation (CBI) has apprehended a legal officer from the Delhi Urban Shelter Improvement Board (DUSIB) of the Delhi Government for allegedly demanding and accepting a bribe of Rs 5 lakh from a complainant.
HC orders DU to admit minority student to St Stephen's
The Delhi High Court on Friday said its order permitting a minority category student to attend classes amid a purported seat allocation dispute between St Stephen's College and Delhi University has to be complied with.
Govt tests drone-based mist spraying to combat pollution
To curb rising air pollution in the national capital, the Delhi government on Friday conducted a testing of 'drone-based mist spraying' at Anand Vihar, one of the city's pollution hotspots.
BJP blames AAP for pollution
BJP leader Shehzad Poonawalla on Friday attacked Aam Aadmi Party (AAP) for pollution in the Yamuna River, highlighting that the toxic foam floating on the water proved a serious threat to the safety of devotees during Chhath Puja.
Anand Vihar pollution triggers health Issues
With the air pollution reaching an alarming level in Delhi's Anand Vihar, people living in the area are facing health issues as there has been a surge in cases of respiratory and throat infections and eye irritation in the last few days.
Kejriwal has become biggest symbol of VVIP culture, hypocrisy: BJP
The BJP on Friday claimed that former Delhi chief minister Arvind Kejriwal has become \"the biggest symbol of VVIP culture\" as it slammed the AAP convenor citing high costs of appliances and items, including toilet seats worth around Rs 12 crore, used in his residence when he was at the helm of the government.
Phir Layenge Kejriwal: AAP rallies support with new campaign
Kejriwal noted that these shared challenges have strengthened the bond among AAP members, uniting them as a family. \"I am moved by the love and determination I see in our workers. We will fight, and we will win,\" he said, stressing that their unity is the party's greatest strength.
Calcutta High Court On Plea Against Use Of Loudspeakers Near School For Specially Abled Children: 'Puja Committee Thinks They Are Bigger Than God'
The Calcutta High Court in the case Prajna Paromita Sen And Anr. Versus State Of West Bengal And Ors observed that the use of loudspeakers and blocking of roads outside a specially-abled children's school for celebrating Jadadhatri puja, showed that the 'puja committee thinks they are bigger than the deity itself.
Madras High Court Directed Pondicherry Institute Of Medical Sciences To Surrender 26 Seats For Failure To Comply With MCI Guidelines
The Madras High Court in the case Pondicherry Institute of Medical Sciences v The Government of India and Others observed and has directed the Pondicherry Institute of Medical Sciences to forfeit 26 seats - 13 during the 2025-26 academic year and 13 during the 2026-27 academic year for failing to comply with the directions issued by the Medical Council of India during admissions in the year 2017-18.
