1. Learned advocate Mr. Harshal S. Patel states that he appears for the complainant. Let his Vakalatnama be accepted.

2. RULE. Learned advocates waive service of Rule on behalf of the respective respondents.

3. Challenge in this Revision Application is given to the judgment and order of conviction and sentence dated 11.03.2025 passed by the learned 2nd Additional Judicial Magistrate First Class, Deesa, District Banaskantha in Criminal Case No.3328 of 2023, which was confirmed by the judgment and order dated 19.12.2025 passed by the learned 7 th Additional Sessions Judge, Deesa, District Banaskantha in Criminal Appeal No.128 of 2025.

4. Learned advocate for the applicant submitted that during the pendency of the proceedings, parties have settled the disputes amicably outside the Court and that there remains no grievance between them.

5. Learned advocate for respondent no.2 - original complainant has placed on record the affidavit of settlement filed by the respondent no.2-original complainant and stated that the complainant has received the amount as agreed between the parties and the complainant does not want to pursue the matter now in view of amicable settlement and has given consent for compounding the offence. The same is taken on record. Today, respondent no.2 is present before this Court and the respondent no.2 has affirmed the contents of the affidavit and is identified by learned advocate for respondent no.2.

6. Since the complainant has given consent for compounding the offence, keeping in mind the object of Section 147 of the NI Act, which is an enabling provision which provides for compounding the offence and may require the consent of the aggrieved for compounding the offence, however, the specific provision under Section 147, inserted by way of amendment towards special law, would give overriding effect to sub- section (1) of Section 320 of the Code of Criminal Procedure, 1973 as has been observed in the case of Damodar S. Prabhu v. Sayed Baba Lal, AIR 2010 SC 1907. Accordingly, as the dispute has been resolved and the amount has been paid to the complainant, in consonance with the object of the N.I. Act and the provisions under Section 147 thereof, the matter is considered as compounded.

7. In aforesaid view of the matter, the judgment and order passed by the learned Trial Court of conviction and sentence for the offence punishable under Section 138 of the NI Act, as affirmed by the learned Appellate Court, are quashed and set aside. The applicant stands acquitted.

8. Accordingly, the present application is allowed in the above terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.