9911796707
TMI Blog2025 (1) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Conclusion - Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has compromised the matter with the complainant, prayer for compounding the offence can be accepted. Petition disposed off. - The Hon ble Mr. Justice Sushil Kukreja , Judge For the Petitioner : Mr. Khem Raj Mr. Nitin Rishi , Advocates For the Respondent : Mr. Kulwant Singh Gill , Advocate ORDER Sushil Kukreja , Judge ( oral ) The instant petition has been filed by the petitioner-accused under Section 397/401 of Cr.P.C. against judgment dated 18.06.2024, passed by learned Sessions Judge, Chamba, Division Chamba, H.P., in Criminal Appeal No. 77 of 2023, whereby the judgment of conviction, dated 24.11.2023, pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n (Cr.MP No. 5424 of 2024) under Section 147 of the Act has been filed by the petitioner-accused, seeking permission of this Court to compound the offence by settingaside the judgment of conviction, dated 24.11.2023, passed by learned Judicial Magistrate 1st Class, Tissa, District Chamba, H.P., in CIS Registration No. 12 of 2022, and affirmed vide judgment dated 18.06.2024, passed by learned Sessions Judge, Chamba Division Chamba, H.P., in Criminal Appeal No. 77 of 2023, as he has compromised the matter with the respondent, vide compromise deed, dated 19.12.2024, and the complainant has received the entire amount of compensation. 6. Today, Shri Kulwant Singh Gill, learned counsel for the respondent/complainant is present before this Court and his statement has been recorded and separately placed on the file. The petitioner-accused is currently lodged in Open Air Jail, Chamba, District Chamba, H.P. 7. Shri Kulwant Singh Gill, in his statement, stated that he has been authorized by the respondent-complainant to make statement on his behalf. He has further stated that on the basis of the complaint of the respondent-complainant, a complaint under Section 138 of the Act was registered a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id 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. 10. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minal Appeal No. 77 of 2023, are quashed and set-aside and the petitioneraccused is acquitted of the charge framed against him under Section 138 of the Act. 14. Undisputedly, the total amount of the cheques is Rs.3,00,000/-, however, the learned counsel for the petitioner submitted that the petitioner is a poor person and the imposition of compounding fee may be reduced. 15. In case K. Subramanian vs. R. Rajathi (supra), the Hon ble Apex Court had issued the guidelines with respect to the imposition of compounding fee, which read as under:- THE GUIDELINES (i) In the circumstances , it is proposed as follows : (a) That directions can be given that the writ of summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the Court without imposing any costs on the accused. (b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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