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2022 (11) TMI 557 - HC - Indian LawsDishonor of Cheque - compounding of offences - amicable settlement of disputes - Section 147 of the Negotiable Instrument Act - HELD THAT:- Section 147 of the Negotiable Instrument Act provides that every offence punishable under the Act shall be compoundable notwithstanding any provision under the Code of Criminal Procedure. This obviously would have reference to section 320 of the Code of Criminal Procedure which provides that certain offences enumerated thereunder are compoundable at the instance of the person who has suffered the harm. In VINAY DEVANNA NAYAK VERSUS RYOT SEVA SAHAKARI BANK LTD [2007 (12) TMI 444 - SUPREME COURT] the Hon'ble Supreme Court has held that the parliamentary intention under section 147 of the Negotiable Instruments Act appears to be that normally compounding of offences under the Act should not be denied - In KM. IBRAHIM VERSUS KP. MOHAMMED & ANR. [2009 (12) TMI 903 - SUPREME COURT] the Hon'ble Supreme Court has observed that section 147 of the Negotiable Instruments Act shall have overriding effect over any other provision under the general laws. In view of the settlement between the parties, the prayer for compounding the offence under section 147 of the Negotiable Instruments Act is granted - revision allowed.
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