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Offence u/s 138 of Negotiable Instruments Act is not compoundable u/s 320 Criminal Procedure Code. High Court erred in invoking power u/s 482 Criminal Procedure Code and Section 147 Negotiable Instruments Act to compound offence. Section 482 Criminal Procedure Code allows inherent powers to High Court when no other efficacious remedy available, not where specific statutory remedy exists. Section 147 Negotiable Instruments Act provision for compounding offences requires complainant's consent. Impugned judgment quashed to extent of compounding offence invoking Section 482 Criminal Procedure Code and Section 147 Negotiable Instruments Act. Appeal disposed, no need to restore proceedings before trial court.
Offence u/s 138 of Negotiable Instruments Act is not compoundable u/s 320 Criminal Procedure Code. High Court erred in invoking power u/s 482 Criminal Procedure Code and Section 147 Negotiable Instruments Act to compound offence. Section 482 Criminal Procedure Code allows inherent powers to High Court when no other efficacious remedy available, not where specific statutory remedy exists. Section 147 Negotiable Instruments Act provision for compounding offences requires complainant's consent. Impugned judgment quashed to extent of compounding offence invoking Section 482 Criminal Procedure Code and Section 147 Negotiable Instruments Act. Appeal disposed, no need to restore proceedings before trial court.
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