9911796707
TMI Blog2017 (4) TMI 1418X X X X Extracts X X X X X X X X Extracts X X X X ..... llegal nor it is liable to be set aside. The compounding of the offence has been provided under Section 320 Cr.P.C. but nothing has been shown that other party can be compelled to compromise with the accused. The Court cannot impose compromise on the complainant by passing the order. It is clear in the present case that the complainant is not agreeing to compromise, therefore, the impugned ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int No. 1881 of 2016, summoning orders dated 24.08.2016 and orders dated 03.04.2017 passed by learned Judicial Magistrate Ist Class, Karnal, whereby the application under Section 205 Cr.P.C. for personal exemption of the petitioners and application under Section 147 of the Negotiable Instruments Act for compounding the offence were dismissed. 3. Learned counsel for the petitioners argued that p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeared before the Mediation Centre, where utmost efforts were made but the complainant party did not come forward for settling the dispute amicably. It is prayed before the trial Court that offences be compounded. Learned counsel for the complainant before the trial Court, by filing the reply, contested the application and prayed that it may be dismissed. 4. Learned Magistrate while passing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of cheque. Learned Magistrate by relying upon the above-stated law, dismissed the application. 5. The perusal of the impugned order dated 03.04.2017 shows that the order passed by learned Magistrate is correct, as per evidence and law. In no way, the order can be held as illegal nor it is liable to be set aside. The compounding of the offence has been provided under Section 320 Cr.P.C. but not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to attend the Court being busy in the business in the company as he is the Director of the company. Learned trial Court has rightly dismissed this application being not justified ground for exemption. The Court also held that accused is to appear only on the date fixed not on every date and he can appear on the date given by the Court which may be probably once in a month. 7. In view of the abo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
