TMI Blog2024 (1) TMI 665X X X X Extracts X X X X X X X X Extracts X X X X ..... ial 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 amicably settled the matter with the complainant-Bank under One Time Settlement Scheme, prayer for compounding the offence can be accepted in terms of the aforesaid judgments passed by the Hon ble Apex Court. Accordingly, the present matter is ordered to be compounded - Taking into consideration the law laid down by the Hon ble Apex Court and the financial condition of the petitioner, as he is a poor person, since the competent Courts can reduce the compounding fee with regard to the specific facts and circumstances of the case, the petitioner is directed to deposit token compounding f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 397 Cr.P.C. read with Section 401 Cr.P.C. with a prayer that his petition may be allowed and the impugned judgments and order of sentence passed by the learned Courts below may be set-aside and he be acquitted. 6. During the pendency of the instant petition, an application (Cr.MP No. 123 of 2024) under Section 147 of the NI Act has been filed by the petitioner-accused seeking permission of this Court to compound the offence by settingaside the judgment of conviction, dated 15.07.2021, and order of sentence dated 26.07.2021, passed by learned Additional Chief Judicial Magistrate Court No. 1, Rohru, District Shimla, H.P., in Criminal Complaint No. 211/3 of 2019, and affirmed vide judgment dated 08.09.2023, passed by learned Additional Sessions Judge, Rohru, Himachal Pradesh, H.P. in Criminal Appeal RBT No. 26-R/10 of 2023/21. 7. Today, Shri Arvind Sharma, learned counsel for the respondent (complainant-Bank), on instructions received from the Manager, PNB, Branch Devidhar, Tehsil Chirgaon, District Shimla, stated that the matter has been amicably settled between the parties under One Time Settlement (OTS) Scheme qua account No. 8698008800000544 and No Dues Certi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned, 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 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. 10. In K. Subramanian Vs. R. Rajat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compounded in light of the compromise arrived inter se them. 13. Accordingly, the present matter is ordered to be compounded and the impugned judgment of conviction dated 15.07.2021, and order of sentence dated 26.07.2021, passed by learned Additional Chief Judicial Magistrate Court No. 1, Rohru, District Shimla, H.P., in Criminal Complaint No. 211/3 of 2019, and affirmed vide judgment dated 08.09.2023, passed by learned Additional Sessions Judge, Rohru, Himachal Pradesh, H.P. in Criminal Appeal RBT No. 26-R/10 of 2023/21, are quashed and set-aside and the petitioner accused is acquitted of the charge framed against him under Section 138 of the Act. Bail bonds, if any, stand discharged. 14. Learned counsel for the accused-petitioner prayed that an amount of Rs.1,69,000/-, which had been deposited by the petitioner-accused before the learned Trial Court, may be released in favour of the accused-petitioner. In view of the fact that the matter has been settled between the parties, the learned Trial Court is directed to release an amount of Rs.1,69,000/-, which had been deposited by the petitioner-accused in the shape of Demand Draft, before it, in favour of the petitioner-Rosha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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