Guidelines issued by Supreme Court on compounding of Cheque cases.

 CRIMINAL APPEAL NO. 963 OF 2010

          [Arising out of SLP (Crl.) No. 6369 of 2007]

Damodar S. Prabhu                                  ... Appellant (s)

                             Versus

Sayed Babalal H.                                   ... Respondent (s)

THE GUIDELINES

  (i) In the circumstances, it is proposed as follows:

  (a) 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.



(b) 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.




(c) 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.




(d) Finally, if the application for compounding is made

  before the Supreme Court, the figure would increase to

  20% of the cheque amount.