9911796707
TMI Blog2000 (5) TMI 1102X X X X Extracts X X X X X X X X Extracts X X X X ..... he cheque concerned was Rs. 50,000/-, the learned Magistrate directed that, out of the fine amount of Rs. 75,000/-, a sum of Rs. 50,000/- be paid to the respondent-complainant. The petitioner-accused's appeal before the learned Sessions Judge came to be dismissed. The petitioner has now approached this Court under Section 397 of the Cr. P.C. 2. In course of hearing of this revision petition, the petitioner and the respondent have presented an application under Section 320(6) of the Cr. P.C. Both the parties, along with their Counsel, are present in Court, and the parties submit that they have compounded the offence. The respondent-complainant also submits that the petitioner-accused has paid the amount covered by the cheque to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. Compounding of an offence could be brought into the category of otherwise dealing with the offence . So far as compounding of an offence punishable under the Indian Penal Code, there could be no way of dealing with it, other than to the extent as set out in Section 320 of the Cr. P.C. So far as offences under the other Acts are concerned, if compounding of a particular offence under any other law or enactment is to be viewed from an angle different from the one provided in Section 320 of the Cr. P.C., then, I am of the opinion that, as permitted by Section 4(2) of the Cr. P.C., the aspect of compounding of the said offence under the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the absence of such prohibition in the present Code, and where the Negotiable Instruments Act itself is silent, the question is whether the said offence could be compounded. 5. The provisions of sub-sections (1) and (2) of Section 320 of the Cr. P.C. permitting compounding of some of the offences punishable under some sections of Indian Penal Code and sub-section (9) of Section 320 of the Cr. P.C. prohibiting compounding of any offence otherwise than in the manner provided in Section 320 of the Cr. P.C., coupled with the absence of prohibition under the Cr. P.C. for compounding of offences under other laws, would indicate that, so far as the offences punishable under the Indian Penal Code, the aspect of compounding of offences has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heque. I am therefore of the opinion that it would be legally permissible for the parties to compound the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 6. In Mohan Reddy v Jairaj D. Bhale Rao and Another and Naimesh Pandya v State of Gujarat and Another, compounding of an offence under Section 138 of the Negotiable Instruments Act was permitted respectively by the Andhra Pradesh High Court and Gujarat High Court. Even in a case where the conviction under Section 138 of the Negotiable Instruments Act had been upheld by all the three forums, the Supreme Court, at the stage of SLP, where the complainant, having received the entire money, stated before the Supreme Court that he has no objection if the convicti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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