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16. A reading of Sections 4 and 5 of Cr.P.C. clearly shows that enquiry, investigation and trial of the offence(s), whether under the Indian Penal Code or any other Special Act, the procedure(s) under the Cr.P.C. have to be followed, unless Special Act provides the procedure(s) to be http://www.judis.nic.in  Crl.M.P.SR No.63240 of 2019 in Crl.A.No.373 of 2015 followed thereof. In this case, for trial of the offence under Section 138 of the Negotiable Instruments Act, except certain specific deviations made under Sections 140, 142 and 143 of the Negotiable Instruments Act, the provisions under the Cr.P.C. have to be followed. The complaint, appeal and revision petitions are to be filed under the provisions of the Cr.P.C. Sub-section (9) of Section 320 Cr.P.C. provides a specific bar for compounding an offence, except where it is otherwise provided. Further, under Section 320 (5), (6), (7) and (9) of Cr.P.C., there is an embargo for compounding an offence once there is conviction. This is the view of the Supreme Court as well. The substantive law settled in the context of the offences under the IPC, is applicable to the offences triable under the N.I. Act and other special Legislations. Though several provisions of the N.I. Act start with a non-obstante clause, nevertheless, substantive law on the subject under Section 320 of the Cr.P.C. is applicable. Section 320 (5), (6). (7) and (9) reads as under:

"Section 147: Offences to be compoundable:

Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), every offence punishable under this Act shall be compoundable."

19. As mentioned above, though most of the provisions in the N.I. Act, namely Sections 142, 142-A, 143, 143-A, 144, 145, 147 and 148 of the N.I. Act, which make the dishonour of a cheque an offence, start with non- obstante clause, the substantive law for compounding an offence under the general law, cannot be different. Even though Section 147 of the Negotiable Instruments Act starts with a "Non-Obstante Clause" and it provides for compounding of all the offence(s) covered under the Negotiable Instruments Act, the compounding of offence(s) thereunder should be consistent with the http://www.judis.nic.in  Crl.M.P.SR No.63240 of 2019 in Crl.A.No.373 of 2015 principles laid down under Section 320 Cr.P.C. Section 320 (5), (6), (7) and (9) of Cr.P.C. specifically bars the compounding of offence in certain circumstances. The provisions under Section 320 Cr.P.C. are pre-requisites for filing an application for compounding in a proceeding pending before the High Court.

68. It is clear from a perusal of the aforesaid Statement of Objects and Reasons that offence under the NI 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.

82. A perusal of Section 320 makes it clear that the provisions contained in Section 320 and the various sub-sections is a code by itself relating to compounding of offence. It provides for the various parameters and procedures and guidelines in the matter of compounding. If this Court upholds the contention of the appellant that as a result of incorporation of Section 147 in the NI Act, the entire gamut of procedure of Section 320 of the Code are made inapplicable to compounding of an offence http://www.judis.nic.in  Crl.M.P.SR No.63240 of 2019 in Crl.A.No.373 of 2015 under the NI Act, in that case the compounding of offence under the NI Act will be left totally unguided or uncontrolled. Such an interpretation apart from being an absurd or unreasonable one will also be contrary to the provisions of Section 4(2) of the Code, which has been discussed above. There is no other statutory procedure for compounding of offence under the NI Act. Therefore, Section 147 of the NI Act must be reasonably construed to mean that as a result of the said section the offences under the NI Act are made compoundable, but the main principle of such compounding, namely, the consent of the person aggrieved or the person injured or the complainant cannot be wished away nor can the same be substituted by virtue of Section 147 of the NI Act."