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The petitioner-accused and the complainant-respondent settled the matter related to dishonor of cheque. The High Court accepted the prayer for compounding the offence u/s 147 of the Negotiable Instruments Act, 1881, following the Supreme Court's guidelines in Damodar S. Prabhu v. Sayed Babalal H. Noting the non-obstante clause in Section 147, the Court held that compounding is controlled by this provision, not Section 320 of CrPC. Relying on K. Subramanian v. R. Rajathi, the Court allowed compounding even after conviction. Consequently, the conviction and sentence were quashed, and the petitioner-accused was acquitted u/s 138 of the Act.
The petitioner-accused and the complainant-respondent settled the matter related to dishonor of cheque. The High Court accepted the prayer for compounding the offence u/s 147 of the Negotiable Instruments Act, 1881, following the Supreme Court's guidelines in Damodar S. Prabhu v. Sayed Babalal H. Noting the non-obstante clause in Section 147, the Court held that compounding is controlled by this provision, not Section 320 of CrPC. Relying on K. Subramanian v. R. Rajathi, the Court allowed compounding even after conviction. Consequently, the conviction and sentence were quashed, and the petitioner-accused was acquitted u/s 138 of the Act.
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