TMI Blog2023 (10) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused-petitioner for compounding of offence while exercising power under Section 147 of the Act as well as in terms of guidelines issued by the Hon'ble Apex Court in DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [ 2010 (5) TMI 380 - SUPREME COURT ], wherein the Hon'ble Apex Court has held 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 wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Sessions Judge Mandi, District Mandi, H.P., in Criminal Appeal No. 13 of 2022, whereby the judgment passed by learned Chief Judicial Magistrate Mandi, District Mandi, H.P., in Case No. 58 of 2016, dated 23.02.2022, was affirmed. 2. The brief facts, giving rise to the present petition, can succinctly be summarized as under: 3. The petitioner/accused-Tejinder Singh approached State Bank of Patiala (hereinafter referred to as the complainant-Bank) for grant of loan of Rs. 5,00,000/-for purchasing a vehicle. After execution of necessary documents, loan amount of Rs. 5,00,000/-was sanctioned and disbursed in favour of the petitioner-accused. Subsequently, the petitioner-accused failed to repay the loan amount with interest, as agreed, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Courts below may be set-aside and he be acquitted. 6. During the pendency of the instant petition, an application (Cr.MP No. 2802 of 2023) under Section 147 of the NI Act has been filed by the petitioner-accused seeking permission of this Court to compound the offence by setting-aside the judgment of conviction, dated 23.02.2022, and order of sentence dated 25.02.2022, passed by learned Chief Judicial Magistrate Mandi, District Mandi, H.P., in Case No. 58 of 2016, and affirmed vide judgment dated 21.09.2022, passed by learned Sessions Judge, Mandi, District Mandi, H.P., in Criminal Appeal No. 13 of 2022. 7. Today, Shri Bhuvneshwar Thakur, Branch Manager, State Bank of India, Branch Office at Bhangrotu, VPO Gutkar, Tehsil Balh, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21.09.2022, are quashed and set-aside and the petitioner-accused is acquitted of the offence punishable under Section 138 of the NI Act. 9. I have heard the learned Counsel for the petitioner-accused, learned counsel for the the respondent/complainant-Bank and examined the entire records. 10. Having taken note of the fact that during the pendency of the instant petition the complainant-Bank and the petitioner-accused have compromised the matter and now the complainant-Bank does not intend to pursue the complaint under Section 138 of the NI Act and the complainant-Bank has no objection in compounding the offence, therefore, this Court sees no impediment in accepting the prayer made on behalf of the accused-petitioner for compounding of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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. 11. In K. Subramanian Vs. R. Rajathi; (2010) 15 Supreme Court Cases 352, it has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dings. 8. Having regard to the salutary provisions of Section 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. 12. Since, in the instant case, the petitioner-accused after being convicted under Section 138 of the Act, has compromised the matter with the complainant-Bank and the complainant-Bank has no objection in case the judgment of conviction, dated 23.02.2022, and order of sentence, dated 25.02.2022, passed by the learned Chief Judicial Magistrate Mandi, District Mandi, H.P., and affirm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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