A Compoundable Offence As One Under Section 138 Of NI Act Can Be Referred To Mediation: Delhi HC [Read Judgment].
A division bench of Delhi High Court has held that it is legal to refer a criminal compoundable case as one under Section 138 of the NI Act to mediation. The Bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra was answering a reference made by Metropolitan Magistrate Shri. Bharat Chugh (as he then was). The bench heard Amicus curiae Mr. J.P. Sengh, Sr. Advocate, Advocates Siddharth Aggarwal and Ms. Veena Ralli in the case. The bench found that, though the Code of Civil Procedure contains a specific provision in Section 89 of the C.P.C. enabling reference of matters to alternate dispute redressal, however, so far as criminal cases are concerned, it is amply clear that the Code of Criminal Procedure does not contain any express statutory provision enabling the criminal court to refer the parties to a forum for alternate dispute resolution including mediation. The same is the position regarding cases under the NI Act.
Read more at: http://www.livelaw.in/compoundable-offence-one-section-138-ni-act-can-referred-mediation-delhi-hc/