https://www.taxtmi.com/caselaws?id=442245 Section 147 of the Negotiable Instruments Act was treated as an enabling provision with a non obstante clause, allowing compounding of a Section 138 offence notwithstanding Section 320 CrPC. As the parties compromised and the complainant had received the full compensation amount, the basis for further prosecution was removed and the conviction and sentence were quashed. The Court also applied the graded cost principle for belated compounding and, considering the petitioner's financial condition, reduced the compounding fee to a token amount. The petitioner was acquitted subject to deposit of that fee. en-us Mon, 14 Aug 2023 00:00:00 +0530 Mon, 28 Aug 2023 08:16:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=442245 Section 147 of the Negotiable Instruments Act was treated as an enabling provision with a non obstante clause, allowing compounding of a Section 138 offence notwithstanding Section 320 CrPC. As the parties compromised and the complainant had received the full compensation amount, the basis for further prosecution was removed and the conviction and sentence were quashed. The Court also applied the graded cost principle for belated compounding and, considering the petitioner's financial condition, reduced the compounding fee to a token amount. The petitioner was acquitted subject to deposit of that fee. Case-Laws Indian Laws Mon, 14 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=442245