TMI Blog2007 (12) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... r has been compromised between the parties and the amount of ₹ 45,000/- has been paid by the appellant towards full and final settlement to the respondent-bank towards its dues, the appellant is entitled to acquittal. - Appeal (crl.) 1679 of 2007 and CRIMINAL APPEAL NO. 1679 OF 2007 ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 6908 OF 2007 - - - Dated:- 7-12-2007 - C.K. THAKKER, J. 1. Delay Condoned. Leave granted. 2. The present appeal is filed against an order passed by the Court of Civil Judge (Jr. Dvn.) and Judicial Magistrate First Class, Ankola on April 12, 2004 in Criminal Case No.73 of 2001, confirmed by the Sessions Judge, Fast Track Court-I, Karwar on March 24, 2005 in Criminal Appeal No.50 of 2004 as also con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount and thereby he had committed an offence punishable under 138 of Act. The Court, hence, convicted the accused and ordered him to undergo imprisonment for a period of six months. The accused was also ordered to pay a sum of Rs.48,000/- as compensation within one month from the date of the order. The Court ordered that out of the said amount of compensation, Rs.43,000/- should be paid to the complainant towards the compensation and Rs.5,000/- to be appropriated to the State. In default of payment of compensation, the accused was ordered to undergo imprisonment for a period of six months. 5. Being aggrieved by the order of conviction and sentence, the appellant preferred an appeal. The Appellate Court confirmed the order of conviction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - towards final settlement of the claim of the respondent Bank on July 25, 2007 and the Bank had no other claim against the appellant and the matter has been settled amicably. 8. We have heard the Learned Counsel for the parties. The Learned Counsel for the appellant submitted that since the matter has been amicably settled between parties and the amount of Rs.45,000/- has been paid to the Bank towards 'full and final settlement' and no further claim has remained, the compromise may be recorded, the appeal may be allowed and appellant-accused may be ordered to be acquitted of the charge levelled and conviction recorded against him by setting aside conviction as well as sentence. 9. The Learned Counsel for the respondent- bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. So far as the Code of Criminal Procedure 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 are compoundable without the leave of the Court, while sub- section (2) of the said section specifies the offences which are compoundable with the leave of the Court. Sub-section (9) of Section 320 declares; No offence shall be compounded except as provided by this section . It is thus clear that offences not referred to in sub- sections (1) and (2) of Section 320 and not included in the Table are not compoundable. Similarly, offences punishable under laws othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... permission was granted 'in the peculiar facts and circumstances' of the case [see also Nambiram Veetil Pocker v. Stte of Kerala Anr., (2003) 9 SCC 214]. It is thus clear that even though technically the provisions of Section 320 of the Code of Criminal Procedure did not apply to offences not covered by the Indian Penal Code, the fact as to compromise between the parties and payment of dues under Section 138 of the Act was considered a relevant fact and compounding was allowed by the Court [vide Kishore Kumar v. J.K. Corporation Ltd., (2004) 13 SCC 494; Shailesh Shyam Parsekar v. Baban @ Vishwanath, (2005) 4 SCC 162; K.J.B.L. Rama Reddy v. Annapurna Seeds Anr., (2005) 10 SCC 632]. 16. Section 138 of the Act was inserted by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Instruments (Amendment and Miscellaneous Provisions) Act,2002. (ACT 55 of 2002). The said section reads thus: S.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. 18. Taking into consideration even the said provision (Section 147) and the primary object underlying Section 138, in our judgment, there is no reason to refuse compromise between the parties. We, therefore, dispose of the appeal on the basis of the settlement arrived at between the appellant and the respondent. 19. For the foregoing reasons the appeal deserves to be allowed and is accordingly allowed by holding that since the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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