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TMI Blog2022 (11) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... 444 - SUPREME COURT] the Hon'ble Supreme Court has held that the parliamentary intention under section 147 of the Negotiable Instruments Act appears to be that normally compounding of offences under the Act should not be denied - In KM. IBRAHIM VERSUS KP. MOHAMMED ANR. [ 2009 (12) TMI 903 - SUPREME COURT] the Hon'ble Supreme Court has observed that section 147 of the Negotiable Instruments Act shall have overriding effect over any other provision under the general laws. In view of the settlement between the parties, the prayer for compounding the offence under section 147 of the Negotiable Instruments Act is granted - revision allowed. - Cr. Revision No. 721 of 2015 - - - Dated:- 19-10-2022 - HON BLE MR. JUSTICE SHREE CH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 to submit that in view of compromise between the parties the judgment of conviction and sentence awarded to the petitioners in GR No. 488 of 1999/TR No. 1455 of 2011 are liable to be set aside. 7. In Gian Singh the Hon'ble Supreme Court has held as under: 58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard-and-fast category can be prescribed. 8. Section 147 of the Negotiable Instrument Act provides that every offence punishable under the Act shall be compoundable notwithstanding any provision under the Code of Criminal Procedure. This obviously would have reference to section 320 of the Code of Criminal Procedure which provides that certain offences enumerated thereunder are compoundable at the instance of the person who has suffered the harm. 9. In Vinay Devanna Nayak v. Ryot Sewa Sahakari Bank Ltd. (2008) 2 SCC 305 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he above, this Court is further empowered under Article 142 of the Constitution to pass appropriate orders in line with sub-section (8) of Section 320 CrPC in an application under Section 147 of the aforesaid Act, in order to do justice to the parties. 13. As far as the non obstante clause included in Section 147 of the 1881 Act is concerned, the 1881 Act being a special statute, the provisions of Section 147 will have an overriding effect over the provisions of the Code relating to compounding of offences. The various decisions cited by Mr Rohatgi on this issue do not add to the above position. 14. It is true that the application under Section 147 of the Negotiable Instruments Act was made by the parties after the proceedings h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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