PRADEEP AGARWAL Vs. RAJEEV SHARMA

JUDGEMENT

(1.) IT is a cardinal principle of criminal jurisprudence that the victim alone can compound any offence alleged against the accused. It is not the prerogative of the accused to say that he is ready to compound the case against the complainant on his terms. This Court, therefore, is not in agreement with the submission of learned counsel for the accused that the complainant/victim has no role to play in compounding of an offence under the Negotiable Instruments Act, 1881 (herein after referred to as 'the Act'). In other words, it cannot be said that the compounding under Section 147 of the Act is a matter between the accused and the Court, and the complainant has no role to play in it.

(2.) IT will be apt to reproduce paras 81 and 82 of the Judgment of Hon'ble Apex Court in JIK Industries Limited and others vs. Amarlal V. Jumani and another, 2012 3 SCC 255 herein below:

(3.) JUDGMENT of Damodar S. Prabhu vs. Sayed Babalal, 2010 AIR(SC) 1907 was discussed and relied upon by the Hon'ble Apex Court while delivering the Judgment in JIK Industries Limited and others vs. Amarlal v. Jumani and another as follows: