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TMI Blog2022 (7) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... ents Act, 1881 whereby the petitioner has been convicted and sentenced to undergo imprisonment for a period of 06 months and to pay a compensation of Rs.1,30,000/- i.e. the cheque amount; as well as judgment dated 22.10.2019 passed by the Sessions Judge, Faridabad, whereby the appeal of the petitioner against the said judgment of conviction and order of sentence has been dismissed, however, the sentence of 06 months awarded to the petitioner was reduced to 03 months. 2. Vide order dated 01.02.2022, the contention of the learned counsel for the petition was recorded to the effect that the petitioner has already deposited some amount in favour of the respondent-Bank. Thereafter, the matter was adjourned to 23.02.2022. On the said date, learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of K.M. Ibrahim Vs. K.P Mohammed & Another, passed in Criminal Appeal No.2281 of 2009 decided on 02.12.2009 held as under:- 5. Appearing for the appellant, Mr. Mukul Rohtagi, learned Senior Advocate, contended that since a specific power had been given to the parties to a proceeding under the Negotiable Instruments Act under Section 147 to compound the offence, there could be no reason as to why the same cannot be permitted even after conviction, which had been affirmed upto the High Court. It was urged that in order to facilitate settlement of disputes, the legislature thought it fit to insert Section 147 by Amending Act 55 of 2002. Such amendment came into effect from 6th February, 2003, and provided that notwithstanding anything conta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SCC 510] decided by a three Judge Bench; (3) G. Sivarajan vs. Little Flower Kuries & Enterprises Ltd. & Anr. [(2004) 11 SCC 400]; (4) Kishore Kumar vs. J.K. Corporation Ltd. [(2004) 13 SCC 494]; (5) Sailesh Shyam Parsekar vs. Baban [(2005) 4 SCC 162]; (6) K. Gyansagar vs. Ganesh Gupta & Anr. [(2005) 7 SCC 54]; (7) K.J.B.L. Rama Reddy vs. Annapurna Seeds & Anr. [(2005) 10 SCC 632]; (8) Sayeed Ishaque Menon vs. Ansari Naseer Ahmed [(2005) 12 SCC 140]; (9) Vinay Devanna Nayak vs. Ryot Sewa Sahakari Bank Ltd. [(2008) 2 SCC 305], wherein some of the earlier decisions have been noticed; and (10) Sudheer Kumar vs. Manakkandi M.K. Kunhiraman & Anr. [2008 (1) KLJ 203], which was a decision of a Division Bench of the Kerala High Court, wherein also t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Negotiable Instruments Act, 1881, by amendment, an analogy may be drawn as to the intention of the Legislature as expressed in Section 320(8) Cr.P.C., although, the same has not been expressly mentioned in the amended section to a proceeding under Section 147 of the aforesaid Act. 11. Apart from the above, this Court is further empowered under Article 142 of the Constitution to pass appropriate orders in line with Sub-Section (8) of Section 320 Cr.P.C. in an application under Section 147 of the aforesaid Act, in order to do justice to the parties. 12. As far as the non-obstante clause included in Section 147 of the 1881 Act is concerned, the 1881 Act being a special statute, the provisions of Section 147 will have an overriding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld definitely go a long way to strengthen the mutual relationship between the parties and would serve as an ever lasting tool in their favour. Such an exercise would be in consonance with the spirit of Section 147 of the Negotiable Instruments Act. 8 In view of the parties having settled the matter and the amount having been deposited by the petitioner with the respondent-Bank and in the light of consent of the parties, I deem it appropriate to invoke the power vested by virtue of Section 147 of the Negotiable Instruments Act, 1881 and allow the compounding of the offence under Section 138 of the Negotiable Instruments Act and set aside the judgments of both the Courts below i.e. the judgment dated 29.03.2019 passed by the Judicial Magistr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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