quote Section 147 of the N.I. Act :
" Section 147 . Offences to be compoundable :- Notwithstanding anything contained in the Code of Criminal Procedure ... punishable under I.P.C . and reference to Sub-section (1) of Section 320 i.e., Table I shown in Section 320
offence made punishable
under IPC and reference to Section 1 of Section 320, i.e.
table I shown in Section 320 ... salutary provisions of Section
147 of Negotiable Instruments Act read with Section
320 of the Code of Criminal Procedure, this Court is
of the opinion
provisions of Section 320 of the Cr.P,.C.. even though no proceedings are pending. Sub-section (9) of Section 320 of ... offence made punishable under IPC and reference to section 1 of section 320 i.e table I shown in section 320
controlled by Section 147 and the scheme contemplated by Section 320 of the
Code of Criminal Procedure (hereinafter " CrPC '") will ... section (1) of Section 320
enumerates the offences which are compoundable without the leave of the
court, while sub-section (2) of the said section
offence
made punishable under IPC and reference to Section 1 of
Section 320, i.e. table I shown in Section 320 ... salutary provisions of Section 147 of
Negotiable Instruments Act read with Section 320 of the
Code of Criminal Procedure, this Court is of the opinion
offence made punishable under IPC and
reference to Section 1 of Section 320, i.e. table I shown in Section 320
... salutary provisions of Section 147 of Negotiable
Instruments Act read with Section 320 of the Code of Criminal Procedure,
this Court is of the opinion
controlled by Section 147 and the scheme contemplated by Section 320 of the
Code of Criminal Procedure (hereinafter " CrPC '") will ... section (1) of Section 320
enumerates the offences which are compoundable without the leave of the
court, while sub-section (2) of the said section
other or further qualification or embargo like sub-section (2) of Sec.320 of CrPC. The parties can compound the offence ... made straightway compoundable like the case described under sub-section (1) of Sec.320 of CrPC. Sub-section (9) of Sec.320
Penal Code .
In this background, Section 147 of NI Act would
prevail over the scheme including sub-section 6
of Section 320 of ... offence made punishable under IPC and
reference to Section 1 of Section 320, i.e.
table I shown in Section 320
Section 482 , Cr.P.C. and of this
Court under Article 142 of the Constitution cannot be
circumscribed by the provisions of Section 320 , ... criminal proceeding under Section
482 , Cr.P.C. is distinct and different from the power vested
in a criminal court by Section 320 ,
