inherent powers under Section 482 of the code could not be invoked to by-pass Section 320 of the code. The order of the High ... Government of India will make necessary amendment to sub section 9 of Section 320 of the Code of Criminal Procedure, 1973 to relax its vigor
learned Attorney General have stressed on the fact that unlike Section 320 CrPC, Section 147 of the Negotiable Instruments Act provides no explicit guidance ... High Court under Section 482 stand repelled when the revisional power under Section 397 overlaps. The opening words of Section 482 contradict this contention because
parties but only with the
leave of the court. Sub-section (1) of Section 320 enumerates the
offences which are compoundable without the leave ... exception to the general rule incorporated
in sub-section (9) of Section 320 CrPC which states that “No
offence shall be compounded except as provided
complaint in exercise of its inherent power under Section
482 of the Code and Section 320 does not limit or effect the
powers ... filed under the provisions of the Cr.P.C .
Sub-section (9) of Section 320 Cr.P.C. provides a specific bar for
compounding
cheating punishable under Section 420 IPC, the same has been made compoundable under sub-section (2) of Section 320 Cr.P.C. with the leave ... High Court under Section 482 Cr.P.C. are not for that purpose controlled by Section 320 Cr.P.C.
18. Having said
covered by the Table
under sub-section (1) and the Table under sub-
section (2), of section 320 ... brought in amendment to the
Table appended to sub-section (2) of section 320 of
Cr.P.C. so as to make the offence under
compensatory and not punitive and moreover Section 147 of NI Act would
have an overriding effect on section 320 Cr.P.C. Irrespective of which ... extract Section 320 of Cr.P.C., and section 147 of
Negotiable Instruments Act.
Section 320 Cr.P.C. - Compounding of Offences -
1) The offences
compensatory and not punitive and moreover Section 147
of NI Act would have an overriding effect on section 320 Cr.P.C.,
irrespective of which ... extract Section 320 of Cr.P.C., and section 147 of
Negotiable Instruments Act.
Section 320 Cr.P.C. - Compounding of Offences -
1) The offences
compensatory and not punitive and moreover Section 147 of
NI Act would have an overriding effect on section 320 Cr.P.C., irrespective ... extract Section 320 of Cr.P.C., and section 147 of Negotiable
Instruments Act.
Section 320 Cr.P.C. - Compounding of Offences -
1) The offences
offence being compoundable under Section 420 . The Appellate
Court, in exercise of powers conferred under Section 320 (5) granted leave as
a result of which ... offence
committed by him under Section 420 I.P.C. The appellate court passed an order
under Section 320 (8). The respondent Bank dismissed
