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2022 (5) TMI 135 - HIMACHAL PRADESH HIGH COURTDishonor of Cheque - settlement of disputes between the parties - compounding of offences u/s 138 of Negotiable Instruments Act - HELD THAT:- After having taken note of the provisions contained under Section 320 Cr.PC and Section 147 of the Negotiable Instruments Act, the High Court of Allahabad in Rishi Mohan Srivastava’s case [2021 (8) TMI 728 - ALLAHABAD HIGH COURT] held that inherent powers under Section 482 Cr.P.C. can be exercised only when no other remedy is available to the litigant and not where a specific remedy is provided by the statute. It has been further held by the Allahabad High Court that court can always take note of any miscarriage of justice and prevent the same by exercising its powers under Section 482 of Cr.P.C. Needless to say, the operation or effect of a general Act can be curtailed by special Act even if a general Act contains a non obstante clause and as such, provisions contained under Section 320 Cr.P.C. would not come in the way in recording the compromise or in compounding the offence punishable under section 138 of the Act. To the contrary, provisions of section 147 of the Act though start with a non obstante clause but have overriding effect on the provisions contained under section 320 Cr.P.C. This Court finds no impediment in accepting the prayer made in the instant petition and accordingly, same is allowed
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