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2021 (12) TMI 1342 - HC - Indian LawsDishonor of Cheque - applicability of doctrine of merger - amicable settlement of the dispute - compounding of offences - Section 147 of NI Act - power to review/recall own order/judgment - HELD THAT:- In Gulab Singh case [2017 (12) TMI 1837 - HIMACHAL PRADESH HIGH COURT], this Court finds that issue which arises in the case at hand stands duly adjudicated by this Court - it was held in the case that doctrine of merger does not apply in the case of dismissal of SLP. In the case at hand, SLP having been filed by the petitioner/applicant herein came to be dismissed in limini by nonspeaking order and as such, does not result in the merger of impugned order with the order passed by the Hon’ble Supreme Court. Whether this court after affirming the judgment of conviction and order of sentence recorded by court below can accept the prayer made on behalf of the accused to compound the offence while exercising power under Section 147 of the Act or not? - HELD THAT:- Bare perusal of Section 147 of the Act, reveals that notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), every offence punishable under this Act, shall be compoundable. Section 147 of the Act is in the nature of an enabling provision which provides for the compounding of offence prescribed under the same Act, thereby serving as an exception to the general rule incorporated in sub section (a) of Section 320 of the Code of Criminal Procedure, which otherwise state that “no offence shall be compounded except as provided by this section”, since section 147 was inserted by way of an amendment to a special law, the same will override the effect of sub section (a) of section 320 of the Code of Criminal procedure. As per provisions of law judgment/order once singed cannot be altered or reviewed except to correct the clerical or arithmetical error, but expression used in the aforesaid provision of law i.e. “save as otherwise provided by this code or by any other law for the time being in force”, enables this Court to consider the prayer made on behalf of the accused for compounding the offence while exercising power under Section 147 of the Act. As has been observed hereinabove, section 147 empowers court to compound every offence punishable under this Act notwithstanding anything contained in the code of criminal procedure. Hon’ble Apex Court in Damodar S. Prabhu versus Sayed Babalal H [2010 (5) TMI 380 - SUPREME COURT] has categorically held that offence punishable under Section 138 of the Act can be compounded even in those cases where accused stands already convicted. Since accused after dismissal of her SLP in limini has agreed to make the entire payment of compensation awarded by Court below to the complainant and thereafter she has approached this Court in the instant proceedings, praying therein to compound the offence in terms of Section 147 of the Act, there appears to be no impediment in compounding the offence alleged to have been committed under Section 138 of the Act while exercising power under section 147 of the Act - this Court holds that review application filed after dismissal of Special Leave Petition, praying therein for recalling/modification of judgment dated 12.9.2019, passed by this Court in Criminal Revision, is maintainable and as such, parties are permitted to get the matter compounded in the light of the compromise arrived inter se them. Application disposed off.
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