TMI Blog2023 (3) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... that 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 respondent-complainant vide Compromise Deed, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment of conviction dated 22.04.2022 and order of sentence dated 25.04.2022, passed by the learned Chief Judicial Magistrate, Lahaul-Spiti at Kullu, H.P., in Criminal Case No.859-1/2015, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act ), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs.2,00,000/- to the respondentcomplainant, with a prayer to set aside the impugned judgment of conviction and order of sentence on the basis of a compromise arrived at between the parties. 2. The facts of the case, as emerge from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment of conviction dated 22.04.2022 and order of sentence dated 25.04.2022, passed against the petitioner-accused by the learned Chief Judicial Magistrate, Lahaul-Spiti at Kullu, H.P. and affirmed by the learned Sessions Judge, Kullu, District Kullu, H.P., vide judgment dated 12.12.2022, are quashed and set-aside and he has also no objection in case the compounding fee is waived off. 5. Having taken note of the fact that entire amount of compensation stands paid to the respondent-complainant and the respondent-complainant has no objection in compounding the offence, this Court sees no impediment in accepting the prayer made on behalf of the petitioneraccused for compounding of offence while exercising power under Section 147 of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same Act, thereby serving as an exception to the general rule incorporated in sub-section (9) of Section 320 of the CrPC which 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. 5. In K. Subramanian Vs. R. Rajathi; (2010) 15 Supreme Court Cases 352, it has been held by the Hon ble Apex Court that in view of the provisions c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 6. Since in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has compromised the matter with the respondent-complainant vide Compromise Deed, annexed with the petition and in terms thereof, he has already paid the entire amount of compensation, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon ble Apex Court. 7. Therefore, in view of the detaile ..... X X X X Extracts X X X X X X X X Extracts X X X X
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