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TMI Blog2024 (12) TMI 522X X X X Extracts X X X X X X X X Extracts X X X X ..... rovision 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 Section . A bare reading of this provision would lead us to the inference that offences punishable under laws other than the Indian Penal Code also cannot be compounded. However, since Section 147 was 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. In K. Subramanian Vs. R. Rajathi [ 2009 (11) TMI 1013 - SUPREME COURT] , 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. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has deposited the entire amount of compensation of Rs.1,15,000/- in the Registry of this Court, as full and final settlement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner-accused on 30.07.2019. The petitioner-accused, despite receipt of the aforesaid notice, failed to make the payment of the cheque amount. Resultantly, the complainant filed a complaint under Section 138 of the Negotiable Instruments Act (for short "the Act") before the learned Trial Court. 3. The learned Trial Court after conclusion of the trial convicted the accused under Section 138 of the Act and sentenced him to undergo simple imprisonment for a period of six months and to pay compensation of Rs.1,15,000/- to the complainant. 4. Being dissatisfied, the accused/petitioner/convict preferred an appeal before the learned Lower Appellate Court, but during the pendency of the same, on 10.07.2024, the parties had compromised the matter and as per the compromise, the petitioner-accused agreed to pay total amount of Rs.1,00,000/- to the complainant upto 31.07.2024. Therefore, the learned Lower Appellate Court set-aside the impugned judgment of conviction and order of sentence, dated 16.01.2024, passed by the learned Trial Court, as the matter was compromised. The learned Lower Appellate Court directed the petitioner-accused to pay Rs.1,00,000/- to the complainant upto 31. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vived. He has also stated that during the pendency of the instant revision petition, he has deposited the entire amount of compensation of Rs.1,15,000/- in the Registry of this Court as full and final settlement of the claim, therefore, the judgment of conviction/order of sentence dated 16.01.2024, passed by learned Trial Court and affirmed by the learned Appellate Court may be quashed and set-aside and he may be acquitted of the offence punishable under Section 138 of the Act. 8. In his statement complainant, Shri Hoshiyar Singh, stated that he had filed a complaint against the accused-petitioner under Section 138 of the Act before the Court of learned Judicial Magistrate, First Class, Court No. 2, Paonta Sahib, District Sirmour, H.P., and the learned Trial Court had convicted him, vide judgment of conviction and order of sentence dated 16.01.2024. He has further stated that during the pendency of the appeal before the learned Additional Sessions Judge, Paonta Sahib, District Sirmour, H.P., the matter was compromised between the parties and thereafter when the accused had failed to pay a sum of Rs.1,00,000/- to him upto 31.07.2024, in terms of order dated 10.07.20-24, passed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 320 enumerates the offences which 9 are compoundable without the leave of the Court, while subsection (2) of the said section specifies the offences which are compoundable with the leave of the Court. 12. 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 Section'. A bare reading of this provision would lead us to the inference that offences punishable under laws other than the Indian Penal Code also cannot be compounded. However, since Section 147 was 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." 11. 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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