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TMI Blog2014 (1) TMI 788X X X X Extracts X X X X X X X X Extracts X X X X ..... o legal bar to the compounding of such an offence, either during or even after disposal of an appeal filed either by the accused or by the complainant. Since Section 147 of the N.I. Act does not require permission of the Court for compounding such an offence , no such permission is necessary and the parties therefore can enter into a compromise outside the Court and then get the same recorded in the Court at any point of time before the sentence is fully executed - considering the settlement between the parties, the respondent before this court is acquitted of the charge under Section 138 of the N.I. Act, subject to her depositing 15% of the cheque amount by way of costs with Delhi Legal Services Authority within one month - Appeal dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pound the offence and whether pursuant to such compounding, she can be acquitted of the charge against her. 3. Vide order dated 18.4.2013, Shri Avninder Singh, Advocate was appointed as Amicus Curiae to assist the Court in this matter. The written synopsis were then filed on behalf of both the parties. 4. Section 147 of the N.I. Act reads as under:- Offences to be compoundable. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable. It would, thus, be seen that in view of the non obstante clause contained in the Section, the restrictions and limitations prescribed under the Code of Criminal Procedure with respect to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for compounding the offence and whether the same can be done at the instance of the complainant or the leave of the Court. It was further clarified that in view of the non obstante clause contained in Section 147 of the N.I. Act, the compounding of the offences punishable under the said Act is controlled only by the said Section and the scheme contemplated by Section 320 of the Code of Criminal Procedure will not be applicable. The Apex Court noted the view taken by it in its earlier decision in K.M. Ibrahim v. K.P. Mohammed Anr. (2010) 1 SCC 798 holding therein that Section 147 of the N.I. Act will have an overriding effect over the provisions of the Code relating to compounding of offences and the aforesaid Section did not bar the parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condition that the accused pays 15% of the cheque amount by way of costs. (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount. It was also clarified that any cost imposed in accordance with such guidelines should be deposited with Legal Services Authority operating at the level of the Court before which the compounding takes place. For instance, in case of compounding during the pendency of the proceedings before the High Court, the cost should be deposited with the State Legal Services Authority. 8. In view of the aforesaid decision of the Apex Court, considering the settlement between the parties, the respondent before this court is acquitted of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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