TMI Blog2023 (9) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 paid the entire amount of compensation to the complainant, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed 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 be compounded and the impugned judgment of conviction and order of sentence, dated 27.01.2017, passed by the learned Judicial Magistrate First Class, Baijnath, District Kangra, H.P., in Criminal Complaint No. 41-III/14, and affirmed by learned Additional Sessions Judge-III, Kangra at Dharamshala, camp at Baijnath, H.P., vide judgment dated 13.11.2018, are quashed and set-aside and the petitioneraccused is acqui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Lower Appellate Court, which was dismissed and the judgment of the learned Trial Court was upheld. 6. Subsequently, the accused-petitioner, maintained the instant petition with a prayer to quash and set-aside the impugned judgments and to acquit the accused-petitioner for the offences alleged against him. 7. During the pendnecy of the instant petition, a joint application (Cr.MP No. 3230 of 2023) under Section 147 of the NI Act read with Sections 320 and 482 of Cr.P.C. has been filed by the parties seeking permission of this Court to compound the offence by setting-aside judgment of conviction and order of sentence passed by the learned Trial Court, which was affirmed by the learned Lower Appellate Court. 8. Today, complainant-Shri Munish Kumar Sharma is present in person before this Court and his statement is separately recorded and placed on the file. 9. In his statement, complainant-Munish Kumar Sharma stated that he had filed a complaint against the petitioner under Section 138 of the NI Act, bearing Criminal Complaint No. 41-III/14, before the Court of learned Judicial Magistrate First Class, Baijnath, District Kangra, H.P., and the learned Trial Court con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le under this Act shall be compoundable. 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 state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code. 13. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has paid the entire amount of compensation to the complainant, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon ble Apex Court. 14. 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. 15. Accordingly, the present matter is ordered to be compounded and the impugned judgment of conviction and order of sentence, dated 27.01.2017, passed by the learned Judicial Magistrate First Class, Baijnath, District Kangra, H.P., in Criminal Complaint No. 41-III/14, and affirmed by learned Additional Sessions Judge-III, Kangra at Dharamshala, camp at Baijnath, H.P., vide judgment dated 13.11.2018, are quashed and set-aside and the petitioneraccused is acquitted of the charge framed against him under Section 138 of the Act. 16. The learned counsel for the petitioner-accused submitted that presently the petitioner-accused is lodged in Lala Lajpat Rai, Dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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