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TMI Blog2023 (7) TMI 1106X X X X Extracts X X X X X X X X Extracts X X X X ..... e aforesaid Act does not bar the parties from compounding an offence under Section 138 even at the appellate stage of the proceedings. It was further observed that, Even though the imposition of costs by the competent court is a matter of discretion, the scale of costs has been suggested in the interest of uniformity. The competent Court can of course reduce the costs with regard to the specific facts and circumstances of a case, while recording reasons in writing for such variance. The petitioner is permitted to compound the offence. However, this Court is not inclined to accept the prayer for waiving off the compounding fee, but considering the mitigating circumstances of the petitioner brought out by his learned counsel, the same i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 138 of the Act was filed against the accusedpetitioner. Notice of accusation was issued to him, to which he pleaded not guilty and claimed trial. 3. To prove his case, the complainant examined himself as PW1, Krishan Kumar as PW2, Mawasi Ram as PW4 and Tara Chand as PW5. After closure of his evidence, statement of the accused was recorded under Section 313 Cr.P.C., wherein he denied all the allegations and claimed innocence. No evidence in defence was led by him. 4. On scrutinising the evidence led by the parties, the trial Court convicted and sentenced the petitioner as noticed above. Being aggrieved, he filed an appeal, which was dismissed by learned Additional Sessions Judge, Gurugram vide judgment dated 23.10.2019. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s amicable been settled in both the cases between both of us for total amount of Rs.5,50,000/- in both the above said cases. 3. That I state on oath that in terms of the settlement I have already received an amount of Rs.5,50,000/- by way of DD no.450385 dated 31.05.2023 and 01.06.2023. In this regard settlement agreement has also been executed between both the parties in the presence of respectable and witnesses and the same is appended as Annexure P-2 with the present petition i.e. CRR no.1518 of 2023 titled Manoj Kumar vs Naveen Yadav pending for 07.07.2023 before Hon ble Punjab and Haryana High Court. 4. That I state on oath that I have already received full and final payment of settlement amount from the petitioner and now ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... incalculable loss, injury and inconvenience to the Vide the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 payee and credibility of business transactions suffers a setback. At the same time, it was also noted that nature of offence under Section 138 primarily related to a civil wrong and the 2002 amendment specifically made it compoundable. 11. This is a very clear case of the parties entering into an agreement and compounding the offence to save themselves from the process of litigation. When such a step has been taken by the parties, and the law very clearly allows them to do the same, the High Court then cannot override such compounding and impose its will. 11. Hon'ble The S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . K.P. Mohammed, (2010) 1 SCC 798, wherein it was held thus: 11. 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. 12. It is true that the application under Section 147 of the Negotiable Instruments Act was made by the parties after the proceedings had been concluded before the Appellate Forum. However, Section 147 of the aforesaid Act does not bar the parties from compounding an offence under Section 138 even at the appellate stage of the proceedings. Accordingly, we find no reason to reject the application under Section 147 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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