(i) A compromise deed shall be in writing and duly signed or thumb marked by the accused as well as the person in whose favour, the dishonoured cheque was issued by the accused or any other person duly authorized by the payee .
(iii) The Court, while giving effect to the compounding character of the offence, at bail stage shall reflect the terms and conditions of the compromise in its bail granting order besides clearly stating that the accused shall only be entitled to enjoy the liberty, he has earned by way of concession of bail, provided he honours the terms of compromise deed.
(iv) The accused shall make payment of amount of cheuqe or settled between the parties, to the payee on the date fixed in compromise deed or in case of any exigency within next three days. In case of any default, even in making payment of any installment, the accused shall lose his right to enjoy the concession of bail. The complainant, however may show grace and accept any request on part of the accused for extension of time.
(v) In case of default, in absence of a consent of the complainant, for extension of time, in making the payment of amount settled between the parties through compromise, the bail granting order shall be deemed to have been vacated automatically on the expiry of date fixed.
(vi) After seeking relief of bail on the basis of compromise, the non-compliance of its terms and conditions will amount to breach of commitment and misuse of concession of bail by the accused for the period he enjoy the said concession in the form of liberty instead of facing the rigors of jail.
(vii) The complainant shall not be obliged to file a formal application for cancellation of bail under Section 497(5) Cr.P.C either before the trial Court or before any higher Court which had passed the bail granting order. However, the complainant, in case of default in making payment by the accused, may file only a miscellaneous application before the trial Court inviting its attention towards the default made by the accused, thereupon, learned trial Court shall pass an order for committing the accused to custody.
(viii) All the trial Courts seized with the trial/ proceedings for the offence under Section 489-F PPC, shall prepare a separate category of compromise cases with some special identity so that the case may be dealt with, in terms of bail granting order.
(ix) In case, the trial Court, is satisfied that the terms of the compromise have been fulfilled and acted upon, the Court, on its own motion or on the application of either party shall give effect to the compromise, by way of termination of proceedings in the case.
(x) Office is directed to transmit copy of this order to the Registrar of this Court, who shall circulate the same to all the Sessions Division Punjab for onward transmission to the courts concerned for their guidance pointed out supra.
Crl. Misc. No.1277-B of 2019
Salman Khalid Versus The State etc.
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