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2016 Supreme(Tri) 383

S.TALAPATRA
Swadesh Debbarma – Appellant
Versus
Kamala Bangcher – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. Bhattacharjee
For the Respondents: Ms. R. Purkayastha, Mr. A. Ghosh

ORDER :

Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner as well as Ms. R. Purkayastha, learned counsel appearing for the respondent No.1, the complainant and Mr. A. Ghosh, learned Public Prosecutor appearing for the respondent No.2-State.

2. By this petition filed under Section 482 of the Cr.P.C., the petitioner has urged for exercising the inherent jurisdiction of the court for quashing and setting aside the judgment and order dated 08.09.2016 passed by this court in Crl. Rev. Pet. No.67 of 2014 in view of the memorandum of settlement arrived at between the petitioner and the respondent No.1.

3. The solitary and the most important question that has become imperative for decision in this case is whether in view of Section 147 of the Negotiable Instruments Act, 1881 the bar as provided under Section 362 of the Cr.P.C. can be waived in exercise of power provided under Section 482 of the Cr.P.C. Section 147 of the Negotiable Instruments Act, 1881 provides as under:-

“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.”

4. The admitte








































































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