JUDGMENT AND ORDER : Sonia Gokani, J. All the appeals since concern the same parties and the questions involved factual and legal being identical, they are being decided by this common judgment. 2. The facts in a capsulized form drawn from Criminal Appeal No.1507 of 2017 deserve reference hereinafter: 2.1 The appellant is an agriculturist by profession. He and his forefathers also were agriculturists. He has 05 acres of land at village: Vadoth, Taluka: Vadali, District: Sabarkantha. 2.2 He initiated agricultural activities of growing cotton seeds and other agricultural seeds and in this fashion, he earns the livelihood for himself and his family. He has speciality in growing cotton seeds and other agricultural seeds and earning his livelihood. 2.3 The appellant approached this Court against the judgment and order of learned Judicial Magistrate First Class, Vadali, District: Sabarkantha, whereby in Criminal Case No.613 of 2015, the Court acquitted respondent NO.1 from the offence punishable under section 138 of the Negotiable Instruments Act, 1881 ("the N.I. Act" for short) hereinafter. It is the case of the appellant that they cultivated 5 acres of land for cotton seeds and other agricultural seeds as per the contract entered into by and between the appellant and respondent No.1 Bhavinkumar Chhaganbhai Patel. He was introduced to the appellant by one Shri Mukeshbhai Somabhai Patel, a Commission Agent, who had carried out the business activities of cotton seeds on various occasions. 3. It is the case of the appellant that as per the agricultural business activities, he cultivated and harvested the seeds in 5 acres of land in village: Vadoth. Thereafter, it was processed through Vishwas Agrotech. The total quantity of cotton seeds was 2700 kg. He loaded in total 220 bags through New Takatuka Transport. The transport company issued consignment of 220 bags of cotton seeds, which was received by respondent No.1. It was decided between the parties that the price of cotton seeds per kg. would be Rs.335/ per kg. The total amount was required to be received of Rs.9,04,500/, but the agreed amount was Rs.9,00,000/. 4. Respondent No.1, pursuant to such a contract, had, on receipt of the goods, issued a cheque of Rs.9 lakhs drawn on Bank of Badora, Mota Varachhca road, Surat Branch with Saving Account No.24960100002734 bearing cheque No.000010 dated 24.07.2015. the cheque was issued by respondent No.1 and it was also sent by him. 4. Respondent No.1, pursuant to such a contract, had, on receipt of the goods, issued a cheque of Rs.9 lakhs drawn on Bank of Badora, Mota Varachhca road, Surat Branch with Saving Account No.24960100002734 bearing cheque No.000010 dated 24.07.2015. the cheque was issued by respondent No.1 and it was also sent by him. He promised that the cheque would be realized. When the cheque dated 24.07.2015 was presented to the Bank, and the same was dishonoured with endorsement that there was insufficiency of funds as on 31.07.2015. 5. On receiving a written memo from the Bank, the appellant had issued the notice as contemplated under section 138 of the N.I. Act to respondent No.1, through his advocate Shri S.M.Desai on 14.08.2015. 6. Such notice was not replied to. Respondent No.1 had not denied the facts stated in the notice dated 14.08.2015 issued under section 138 of the N.I. Act. Neither the amount had been given nor any response was given of the notice. On expiry of the statutory time period, the appellant had chosen to lodge the complaint under section 138 of the N.I. Act before the Court of learned Judicial Magistrate First Class, Vadali. On 03.10.2015 a Criminal Case came to be registered being Criminal Case No.613 of 2015, where the Court issued summons to respondent No.2 where he appeared on 21.08.2015. His plea when was recorded on 13.07.2016, he denied any liability and, therefore, the matter was posted for recordance of evidence. 7. The examination-in-chief was tendered by the appellant on 03.10.2015 where the appellant had stated that respondent No.1 was introduced to them by Shri Mukeshbhai Somabhai Patel, a Commission Agent, who is residing at village: Mansa. He had been thoroughly crossexamined and after the deposition of Shri Mukeshbhai Somabhai Patel, the Court availed him an opportunity to explain incriminating evidence. After denying the same, the parties had made submissions at length and eventually vide order below Exh.34 dated 30.08.2017, respondent No.1 came to be acquitted and, therefore, the present appeals under sections 377 and 378 of the Code of Criminal Procedure. 8. This Court has heard the learned Advocate, Mr.Shah, for the appellants-original complainants, learned Advocate, Mr. Gadhvi, for respondent No.1original accused so also the learned Additional Public Prosecutor for the State. 9. Before this Court finally adjudicates the disputes by and between the parties, the parties have chosen to settle their disputes amicably. 8. This Court has heard the learned Advocate, Mr.Shah, for the appellants-original complainants, learned Advocate, Mr. Gadhvi, for respondent No.1original accused so also the learned Additional Public Prosecutor for the State. 9. Before this Court finally adjudicates the disputes by and between the parties, the parties have chosen to settle their disputes amicably. An undertaking has been filed by the respondent No.1original accused, Bhavinkumar Chhaganbhai Patel, stating therein that he would deposit an amount of Rs.5/ lakhs in each appeal, which would mean that he would deposit a total sum of Rs.15/ lakhs in all the three appeals. The compromise purshis and affidavits of compromise have also been filed by each of the appellant giving the details of their case in their respective affidavits and also as mentioned above, the parties have chosen to settle their disputes amicably. Accordingly, the original accused-Respondent No.1, has agreed to deposit a total sum of Rs.15/ lakhs before the Registry of this Court. 10. The appellants have ensured that they will not claim any amount other than the amount agreed upon by and between the parties in future by way of either civil or criminal litigation. This is being agreed to pursuant to the settlement arrived at by and between the parties, without any coercion or undue influence. Thus, both the sides have agreed to abide by and adhere to the terms and conditions of the compromise. 11. This Court has verified the details, in the presence of learned Advocates so also the parties, who have remained personally present and confirmed their understanding and comprehension of the contents of purshis as well as the undertaking. Respondent No.1 has also agreed to deposit the said amount latest by 9th May, 2018. He, however, further added that if, the arrangements could be made earlier, he shall deposit the amount before the stipulate date. All the three affidavits and compromise purshis filed in each of the appeals by the respective complainant-appellant and the undertaking given by the original accused-Respondent No.1 are permitted to be taken on record. Without adjudicating the disputes raised before this Court in these appeals on merit, bearing in mind the provisions of Section 147 of the N.I. Act, which says that notwithstanding anything contained in the N.I.Act, every offence punishable under this Act shall be compoundable, this compromise deserves to be recorded. Without adjudicating the disputes raised before this Court in these appeals on merit, bearing in mind the provisions of Section 147 of the N.I. Act, which says that notwithstanding anything contained in the N.I.Act, every offence punishable under this Act shall be compoundable, this compromise deserves to be recorded. This is an enabling provision, which provides for compounding of the offence prescribed under the Act and it also serves as an exception to the general rule as provided in section 320 of the Code. As held by the Apex Court in the case of Damodar S. Prabhu vs. Sayed Babalal H., (2010) 5 SCC 663 , section 147 of the N.I. Act since has been inserted by way of special law, it would have an overriding effect. 12. Accordingly, the following operative order: 12.1 The compromise arrived at by and between the parties is taken on record in the form of an undertaking as well as the compromise purshis, which would form the part of this record. 12.2 Respondent No.1 shall deposit the amount of Rs.5/ lakh in each appeal being Criminal Appeal Nos. 1507, 1508 and 1528 of 2017, which would in total comes to Rs.15/ lakh, with the Registry of this Court on or before 9TH MAY, 2018. 12.3 Once deposited, the amount of Rs.5/ lakh shall be paid to the original complainant-appellant in each appeal, out of the total sum of Rs.15/ lakh. The amount shall be deposited in their respective bank account directly by the Registry of this Court. This will be as per the account number and the bank details furnished by the appellant, herein. They shall also furnish a copy of the blank cancelled cheque for verification of these details. 12.4 Once the transfer of amount of Rs.5/ lakh in each appeal by way of RTGS is made, the substantiating documents shall form the part of the record of this Court. 12.5 The appellants-original complainants shall not resort to either civil or criminal proceeding in connection with the transactions, which are under challenge before this Court, in future, bearing in mind the letter and spirit of the compromise. 13. All the three appeals stand disposed of, accordingly. 14. 12.5 The appellants-original complainants shall not resort to either civil or criminal proceeding in connection with the transactions, which are under challenge before this Court, in future, bearing in mind the letter and spirit of the compromise. 13. All the three appeals stand disposed of, accordingly. 14. It is needless to say that in the event of failure on the part of Respondent No.1original accused in depositing the amount, as stipulated herein above, all the appeals shall stand automatically REVIVED and the same shall be listed for judgment and order, as the learned Advocates on both the sides have been heard finally. 15. Office to send back R&P, if any received, to the trial Court concerned, after the 10th May, 2018 on verification of due compliance of this order.