TMI Blog2023 (10) TMI 1100X X X X Extracts X X X X X X X X Extracts X X X X ..... hich 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 VERSUS R. RAJATHI REP. BY P.O.A.P. KALIAPPAN [ 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 compromised the matter with the complainant, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon'ble Apex Court. The present matter is ordered to be compounded and the impugned judgment of conviction, date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after conclusion of the trial convicted the accused under Section 138 of the NI Act and sentenced him to undergo simple imprisonment for a period of six months and to pay a sum of Rs. 3,20,000/-as compensation to the complainant. 5. Being dissatisfied, the accused/petitioner/convict preferred an appeal before the learned Lower Appellate Court, which was dismissed and the judgment of the learned Trial Court was upheld. Hence, accused/petitioner/convict-Raghubir Singh preferred the instant petition under Sections 397 and 401 Cr.P.C. with a prayer that his petition may be allowed and the impugned judgments and order of sentence passed by the learned Courts below may be set-aside and he be acquitted. 6. During the pendency of the instant petition, a joint application (Cr.MP No. 3866 of 2023) under Section 147 of the NI Act read with Section 320 Cr.P.C. has been filed by the petitioner-accused and the complainant-respondent seeking permission of this Court to compound the offence by setting-aside the judgment of conviction, dated 12.06.2018, and order of sentence dated 11.09.2018, passed by learned Additional Chief Judicial Magistrate, Court No. 1, Kangra, H.P. in Criminal Case No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt 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 (2 of 1974), every offence punishable under this Act shall be compoundable. At this point, it would be apt to clarify that in view of the non-obstante clause, the compounding of offences under the Negotiable Instruments Act, 1881 is controlled by Section 147 and the scheme contemplated by Section 320 of the Code of Criminal Procedure (hereinafter CrPC ) will not be applicable in the strict sense since the latter is meant for the specified offences under the Indian Penal Code, 1860. 11. So far as the CrPC is concerned, Section 320 deals with offences which are compoundable, either by the parties without the leave of the court or by the parties but only with the leave of the Court. Sub-section (1) of Section 320 enumerates the offences which 9 are compoundable without the leave of the Court, while subsection (2) of the said section specifies th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and close the proceedings. 8. Having regard to the salutary provisions of Section 147 of the Negotiable Instruments Act read with Section 320 of the Code of Criminal Procedure, this Court is of the opinion that in view of the compromise arrived at between the parties, the petitioner should be permitted to compound the offence committed by him under Section 138 of the Code. 12. 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 in terms of the aforesaid judgments passed by the Hon'ble Apex Court. 13. Therefore, in view of the detailed discussion made hereinabove as well as law laid down by the Hon'ble Apex Court, the application is allowed and matter is ordered to be compounded. 14. Accordingly, the present matter is ordered to be compounded and the impugned judgment of conviction, dated 12.06.2018, and order of sentence dated 11.09.2018, passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Kangra, H.P., in Criminal Case No. 203-II/2015, and affirmed by learned Sessions Judge, Kangra at Dh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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