TMI Blog2023 (9) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... ll 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, out of awarded compensation amount of Rs.4,00,000/-, has already paid Rs.3,33,000/- to the complainant-respondent and deposited balance amount of Rs.67,000/- before the learned Trial Court, which the complainant-respondent may get released, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon'ble Apex Court - in view of the detailed discussion made hereinabove as well as law laid down by the Hon'ble Apex Court, the parties are permitted to get the matter compounded in light of the compromise arrived inter se them. The present matter is ordered to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t sent a legal notice, dated 14.07.2014, to the petitioner-accused, demanding the payment of Rs.3,35,550/-, but the petitioner- accused failed to make the payment within the stipulated time. Subsequently, the complainant filed a complaint under Sections 138 read with Section 142 of the Negotiable Instruments Act, 1881 (for short NI Act ) against the accused before the learned Trial Court. 4. The learned Trial Court after conclusion of the trial convicted the accused under Section 138 of the NI Act and sentenced her to undergo simple imprisonment for a period of six months and to pay a sum of Rs.4,00,000/- as compensation to the complainant. 5. Being dissatisfied, the accused/convict preferred an appeal before the learned Lower Appellate Court, which was dismissed and the judgment of the learned Trial Court was upheld. Hence, petitioner/accused/convict-Pinky Rana preferred the instant petition under Section 397 read with Section 401 Cr.P.C. with a prayer that her petition may be allowed and the impugned judgments and order of sentence passed by the learned Courts below may be set-aside and she be acquitted. 6. During the pendency of the instant petition, an application (Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... At this point, it would be apt to clarify that in view of the non-obstante clause, the compounding of offences under the Negotiable Instruments Act, 1881 is controlled by Section 147 and the scheme contemplated by Section 320 of the Code of Criminal Procedure (hereinafter CrPC ) will not be applicable in the strict sense since the latter is meant for the specified offences under the Indian Penal Code, 1860. 11. So far as the CrPC 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 9 are compoundable without the leave of the Court, while subsection (2) of the said section specifies the offences which are compoundable with the leave of the Court. 12. Section 147 of the Negotiable Instruments Act, 1881 is in the nature of an enabling provision which provides for the compounding of offences prescribed under the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt case, the petitioner-accused after being convicted under Section 138 of the Act, out of awarded compensation amount of Rs.4,00,000/-, has already paid Rs.3,33,000/- to the complainant-respondent and deposited balance amount of Rs.67,000/- before the learned Trial Court, which the complainant-respondent may get released, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon'ble Apex Court. 13. Therefore, in view of the detailed discussion made hereinabove as well as law laid down by the Hon'ble Apex Court, the parties are permitted to get the matter compounded in light of the compromise arrived inter se them. 14. Accordingly, the present matter is ordered to be compounded and the impugned judgment of conviction dated 07.12.2018 and order of sentence dated 17.12.2018, passed by the learned Judicial Magistrate 1st Class, Court No. 7, Shimla, H.P., in Case No. 37-3 of 2014, and affirmed by learned Additional Sessions Judge-I, Shimla, H.P., vide judgment dated 30.04.2022, in Criminal Appeal No. 4-S/10 of 2019, are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against her under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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