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TMI Blog2023 (11) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... Instruments Act, therefore, this Court sees no impediment in accepting the prayer made on behalf of the parties for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [ 2010 (5) TMI 380 - SUPREME COURT ], wherein the Hon ble Apex Court has held that Section 147 of the Negotiable Instruments Act, 1881 is in the nature of an enabling provision which provides for the compounding of offences prescribed under the same Act, thereby serving as an exception to the general rule incorporated in sub-section (9) of Section 320 of the CrPC which states that No offence shall be compounded except as provided by this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent ORDER Cr. M. P. No. 3387 of 2023 1. The applicant/respondent, vide judgment dated 6th September, 2023, passed by this Court, in Criminal Appeal No. 26 of 2021, was convicted by this Court under Section 138 of the Negotiable Instruments Act (for short NI Act ), and the case was fixed for 14.09.2023 for hearing on quantum of sentence. However, on 14.09.2023 an application (Cr.MP No. 3387 of 2023) was filed on behalf of the accused respondent/ convict, under Section 147 of the Negotiable Instruments Act, for compounding the offence and Bank Draft, bearing No. 070995, dated 14.09.2023, in the sum of Rs.1,00,000/-, was handed over by the learned counsel for the accused-respondent to the learned vice counsel for the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter, coupled with the fact that the complainant has no objection in case the accused-respondent is acquitted of the offence under Section 138 of the Negotiable Instruments Act, therefore, this Court sees no impediment in accepting the prayer made on behalf of the parties for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon ble Apex Court in Damodar S. Prabhu V. Sayed Babalal H., (2010) 5 SCC 663, wherein the Hon ble Apex Court has held as under:- 10. At present, we are of course concerned with Section 147 of the Act, which reads as follows:- 147. Offences to be compoundable Notwithstanding anything contained in the Code of Criminal Procedure, 1973 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inserted by way of an amendment to a special law, the same will override the effect of Section 320(9) of the CrPC, especially keeping in mind that Section 147 carries a non obstante clause. 4. In K. Subramanian Vs. R. Rajathi; (2010) 15 Supreme Court Cases 352, it has been held by the Hon ble Apex Court that in view of the provisions contained in Section 147 of the Act read with Section 320 of Cr.P.C., compromise arrived at can be accepted even after recording of the judgment of conviction. The relevant portion of the judgment is reproduced as under:- 6. Thereafter a compromise was entered into and the petitioner claims that he has paid Rs. 4,52,289 to the respondent. In support of this claim, the petitioner has produced an affi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has paid Rs.1,30,000/-, as full and final settlement amount to the appellant-complainant, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon ble Apex Court. 6. Therefore, in view of the detailed discussion made hereinabove as well as law laid down by the Hon ble Apex Court, the parties are permitted to get the matter compounded in light of the compromise arrived inter se them. 7. Accordingly, the present matter is ordered to be compounded and the judgment, dated 6th September, 2023, passed by this Court, in Criminal Appeal No. 26 of 2021, is quashed and set-aside and the petitioner accused is acquitted of the charge framed against him under Section 138 of the Act. 8. Undisputedl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount. ... ... ... ... ... ... 25. The graded scheme for imposing costs is a means to encourage compounding at an early stage of litigation. In the status quo, valuable time of the court is spent on the trial of these cases and the parties are not liable to pay any court fee since the proceedings are governed by the Code of Criminal Procedure, even though the impact of the offence is largely confined to the private parties. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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