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the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed, he can do so after hearing the parties and recalling any witness who may have been examined. Under this provision, so far as practicable, the Magistrate is expected to conduct the trial on a day-to-day basis until its conclusion and conclude the trial within six months from the date of filing of the complaint.

2.10 Chapter XXI of the Criminal Procedure Code, consisting of sections 260 to 265, deals with the procedure to be followed when a case is being tried summarily. In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.

(ii) COMPOUNDING OF OFFENCE

2.11 By inserting section 147 in the Act in 2002, offence punishable under section 138 of the Act has been made compoundable and it does not provide for any other or further qualification or embargo like sub-section (2) of section 320 of the Criminal Procedure Code. The parties can compound the offence as if the offence is otherwise compoundable. Thus, the offence is

made straightway compoundable (1) of section 320. No formal required to be sought for.17

like the case described under permission to compound the

sub-section offence is

2.12 Even prior to section 147, the opinions expressed by different High Courts and also the Apex Court appear to be in favour of approving such

Rameshbhai Somabhai Patel v. Dineshbhai Achalanand Rathi 2005 Cri. L. J. 431 (Gujarat). 17

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