Rule 91. Application for composition of offences under section 138 and manner thereof

Compounding of offences-(1) The officer authorised by the State Government, (hereinafter in this Rule referred to as the Compounding Officer) by notification, for the purposes of compounding of offences under sub-section (1) of Section 138 shall issue electronically a compounding notice in Form-XXXIX for the offences which are compoundable under section 138.

(2) The person so noticed under sub-rule(1) may apply in Part-III of the Form-XXXIX to the officer electronically and deposit the entire compounding amount by electronic transfer or otherwise, within fifteen days of the receipt of the notice.

(3) The Compounding Officer shall issue a composition certificate in Part-IV of the Form-XL within ten days of receipt of the composition amount, to such person from whom such amount has been received in satisfaction of the composition notice.

(4) If a person so noticed fails to deposit the composition amount within the time specified by the Compounding Officer, the prosecution shall be instituted before the Competent Court against such person for the offences in respect of which the compounding notice was issued.

(5) For the compounding of an offence after the institution of prosecution in a Competent Court in respect thereof, the provisions of sub-section (6) of Section 138 shall apply.