Negotiable Instruments Act, 1881, Section 147

Negotiable Instruments Act, 1881—Section 147—Criminal Procedure Code, 1973, Section 320—Contention that in view of non-obstante clause in Section 147 of N.I. Act, which is a special statute, the requirement of consent of the person compounding in Section 320 of the Code is not required in the case of compounding of an offence under N.I. Act, held, is not tenable— Section 147 will only override Section 320 (9) of the Code in so far as offence under Section 147 of N.I. Act is concerned.  

Negotiable Instruments Act, 1881, Section 147

Negotiable Instruments Act, 1881—Section 147—Effect of—Pursuant to the insertion of Section 147, offence under the N.I. Act, which was previously non-compoundable in view of Section 320 sub-Section 9 of the Code has now become compoundable—That does not mean that the effect of Section 147 is to obliterate all statutory provisions of Section 320 of the Code relating to the mode and manner of compounding of an offence—Section 147 will only override Section 320 (9) of the Code in so far as offence under Section 147 of N.I. Act is concerned—Criminal Procedure Code, 1973, Section 320(9). 

Negotiable Instruments Act 1881 Section 147

Negotiable Instruments Act, 1881—Section 147—Procedure for compunding of and offence—No special procedure has been prescribed under the N.I. Act relating to compounding of an offence—In the absence of special procedure relating to compounding, the procedure relating to compounding under Section 320 shall automatically apply in view of clear mandate of sub-section (2) of Section 4 of the Code—Criminal Procedure Code, 1973, Sections 4(2) and 320. 

Constitution of India, 1950

Constitution of India, 1950—Article 142—Negotiable Instruments Act, 1881, Section 147—Criminal Procedure Code, 1973, Section 320(8)—Supreme Court, held, is empowered under Article 142 of the Constitution to pass appropriate orders in line with Sub-Section (8) of Section 320 Cr.P.C. in an application under Section 147 of the Negotiable Instruments Act, in order to do justice to the parties.

Negotiable Instruments Act, 1881

Negotiable Instruments Act, 1881—Section 147—Criminal Procedure Code, 1973, Section 320—Compounding of offences—Held, Section 147 of the N.I. Act, 1881, will have an overriding effect over the provisions of the Code relating to compounding of offences.