reported in 2016(1) DCR 80 whereby, it was observed that a complainant cannot be forced to compound the offence which is essentially a voluntary act. True it is that this Court held in the above judgment that the complainant cannot be forced to execute a compromise but the legal position stands explained in the judgment rendered by Hon'ble Supreme Court in the case of Meters and Instruments Private Limited and Ors. Vs. Kanchan Mehta reported in MANU/SC/1256/2017 , wherein it has been clearly held that though compounding requires consent of both the parties, however, even in absence of such consent, the Court, in the interests of justice, on being satisfied that the complainant has been duly compensated, can exercise its discretion to close the proceedings and discharge the accused. In the case at hand, as against the cheque amount of Rs.1,25,000/-, the complainant offered a sum of Rs.1,40,000/- to the complainant which was accepted by him. Thus, apparently, the trial court committed no error or illegality while acquitting the respondent accused from the charge under Section 138 of the N.I.Act.
