M RANGASWAMAIAH Vs. R SHETTAPPA

JUDGEMENT

(1.) ON the complaint filed by the respondent, alleging commission of offence under Section 138 of the Negotiable Instruments Act, 1881 ('act' for short), the petitioner came to be convicted by the learned Magistrate of the said offence, and sentenced to pay a fine of Rs. 75,000/-, in default, to undergo simple imprisonment for four months. Since the amount covered by the cheque concerned was Rs. 50,000/-, the learned Magistrate directed that, out of the fine amount of Rs. 75,000/-, a sum of Rs. 50,000/- be paid to the respondent-complainant. The petitioner-accused's appeal before the learned Sessions Judge came to be dismissed. The petitioner has now approached this Court under S. 397, Cr. P. C.

(2.) IN course of hearing of this revision petition, the petitioner and the respondent have presented an application under S. 320 (6), Cr. P. C. Both the parties, along with their counsel, are present in Court, and the parties submit that they have compounded the offence. The respondent-complainant also submits that the petitioner-accused has paid the amount covered by the cheque to him. I find that the parties have done so voluntarily. It is true, sub-sec. (6) of S. 320, Cr. P. C. permits the revisional Court also to allow compounding of the offence, but the person concerned should be competent to compound under S. 320, Cr. P. C. , as further made clear in sub-sec. (6) of S. 320, Cr. P. C. The entire S. 320, Cr. P. C. , both in sub-sec. (1) and in sub-sec. (2), deals with compounding of offences punishable under the Indian Penal Code. Sub-sec. (9) of S. 320, Cr. P. C. provides that, no offence shall be compounded except as provided by S. 320 Cr. P. C. That means that, so far as the offences punishable under the one or the other Sections under the Indian Penal Code, there could be no compounding of any such offence except as provided in S. 320, Cr. P. C. The question is as to what should be the position in respect of an offence punishable under any other Act.

(3.) SUB-SECTION (1) of Section 4, Cr. P. C. provides that all offences under the Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions contained in the Code of Criminal Procedure, Sub-section (2) of Section 4 of Cr. P. C. provides that all offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions of the Cr. P. C. , subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. Compounding of an offence could be brought into the category of "otherwise dealing with the offence". So far as compounding of an offence punishable under the Indian Penal Code, there could be no way of dealing with it, other than to the extent as set out in Section 320, Cr. P. C. so far as offences under the other Acts are concerned, if compounding of a particular offence under any other law or enactment is to be viewed from an angle different from the one provided in Section 320, Cr. P. C. , then, I am of the opinion that, as permitted by Section 4 (2), Cr. P. C. , the aspect of compounding of the said offence under the said other enactment should be dealt with in the manner as indicated in the said other enactment, notwithstanding the embargo in sub-section (9) of Section 320, Cr. P. C. The question that therefore arises would be as to whether the Act, i. e. , the Negotiable Instruments Act, indicates a different approach.