Punjab-Haryana High Court
Gurmeet Kaur vs Amrik Singh on 21 November, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:153181
CRM Nos.45645 & 45646-2024 and
CRM Nos.45484 & 45485-2024 in
in CRR-555-2007 (O & M)
::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM Nos.45645 & 45646-2024 and
CRM Nos.45484 & 45485-2024 in
in CRR-555-2007 (O & M)
Date of decision: 21.11.2024
Gurmeet Kaur .... Petitioner
V/s
Amrik Singh (since deceased) through LR Mohinder Kaur
...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Arvind Kashyap, Advocate,
for the petitioner.
Mr. H.S. Diwana, Advocate,
for the LR of the respondent.
*****
JASJIT SINGH BEDI, J. (Oral)
CRM-45645-2024 The application for placing on record certified copies of the settlement dated 14.11.2024 (Annexure P-1) and photocopy of bank draft dated 12.11.2024 (Annexure P-2), is allowed as prayed for subject to all just exceptions. The aforesaid documents are taken on record. CRM-45485-2024 This is an application under Section 528 of the BNSS for impleading the legal representative of Amrik Singh-respondent (since deceased).
1 of 6 ::: Downloaded on - 30-11-2024 08:03:57 ::: Neutral Citation No:=2024:PHHC:153181 CRM Nos.45645 & 45646-2024 and CRM Nos.45484 & 45485-2024 in in CRR-555-2007 (O & M) ::2::
For the reasons mentioned in the application, the same is allowed. The applicant mentioned in Para 5 of the application i.e. Jagdeep Kaur (daughter-in-law) is impleaded as legal representative of the respondent-Amrik Singh.
This application is disposed of.
CRM-45484-2024 This is an application for placing on record the amended memo of parties.
For the reasons mentioned in the application, the same is allowed. The amended memo of parties is taken on record.
This application stands disposed of.
CRM-45646-2024 in/and CRR-555-2007 The present revision petition has been filed against the judgment dated 16.03.2007 passed by the Additional Sessions Judge, Fatehgarh Sahib, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 20.11.2024 passed by the Chief Judicial Magistrate, Fatehgarh Sahib, has been dismissed with a modification.
2. The brief facts of the case are that the petitioner-accused Gurmeet Kaur had approached the complainant-Amrik Singh (since deceased) and introduced herself to the complainant that she was a travel agent and used to send persons from India to foreign countries. The complainant paid Rs.1,50,000/- in August 1999 to the accused for sending his son-Jasbir Singh to abroad in the presence of Bhajan Singh. When the 2 of 6 ::: Downloaded on - 30-11-2024 08:03:58 ::: Neutral Citation No:=2024:PHHC:153181 CRM Nos.45645 & 45646-2024 and CRM Nos.45484 & 45485-2024 in in CRR-555-2007 (O & M) ::3::
accused neither sent the son of the complainant abroad nor returned Rs.1,50,000/- to the complainant, then in the month of February 2000, the accused came to the residence of the complainant at Village Kasumbri and issued a cheque bearing No.576583 for a sum of Rs.1,50,000/- of Punjab National Bank, Sector-17, Chandigarh in his favour to discharge her legal liability. When the abovesaid cheque was presented for encashment on 12.6.2000 by the complainant through his banker Punjab National Bank Branch Badali Ala Singh, the same was returned back by the banker vide memo dated 13.06.2000 with the remarks "insufficient funds". The accused was served with a legal notice dated 16.06.2000 for the repayment of the aforesaid amount but she failed to make the payment, leading to initiation of proceedings under Section 138 of the Negotiable Instruments Act.
3. In the complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the complainant, the petitioner-accused was summoned to face trial. The evidence was led and ultimately, the accused- petitioner was held guilty and accordingly, convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of the payment of fine to further undergo rigorous imprisonment for a period of 01 month.
4. Aggrieved against the said judgment of conviction and order of sentence, the petitioner preferred an appeal before the Additional Sessions Judge, Fatehgarh Sahib, which came to be dismissed on 16.03.2007 with the modification that the accused-petitioner was sentenced to undergo rigorous 3 of 6 ::: Downloaded on - 30-11-2024 08:03:58 ::: Neutral Citation No:=2024:PHHC:153181 CRM Nos.45645 & 45646-2024 and CRM Nos.45484 & 45485-2024 in in CRR-555-2007 (O & M) ::4::
imprisonment for a period of six months and to pay an amount of Rs.1,00,000/- to the complainant as compensation and it was directed that the amount of fine of Rs.1,000/- if already recovered, was to be diverted towards compensation in addition to the compensation amount payable to the complainant.
5. Still aggrieved, the present revision petition has been preferred by the petitioner.
6. The learned counsel for the petitioner contends that during the pendency of the revision petition, the matter has been settled between the parties and in terms of settlement dated 14.11.2024 (Annexure P-1) and in pursuance thereof, a sum of Rs.3,00,000/- against the cheque amount of Rs.1,50,000/- has been paid to Jagdeep Kaur vide a Bank Draft No.101920 dated 12.11.2024 (Annexure P-2). He contends that the parties have amicably settled the dispute with intervention of respectable persons of the society and nothing is due towards the respondent. In view of the prayer made in the application (CRM-45646-2024) under Section 147 of the Negotiable Instruments Act read with Section 320 Cr.P.C. where a settlement has been effected, the offence under Section 138 of the Negotiable Instruments Act can be compounded on account of the fact that a mutual compromise has been effected between the parties..
6. The learned counsel for Jagdeep Kaur-legal representative of the deceased-respondent/Amrik Singh contends that as the matter has been settled between the parties, she has no objection if the prayer made in the
4 of 6 ::: Downloaded on - 30-11-2024 08:03:58 ::: Neutral Citation No:=2024:PHHC:153181 CRM Nos.45645 & 45646-2024 and CRM Nos.45484 & 45485-2024 in in CRR-555-2007 (O & M) ::5::
application for compounding the offence under Section 138 N.I. Act is allowed and the petitioner is acquitted of the charges framed against her.
7. I have heard the learned counsel for both the parties.
8. This Hon'ble Court in 'Ramesh Chander Vs. State of Haryana and another, 2007(1) RCR (Criminal) 245' held as under:-
"4. As per the provisions of Section 147 of the Act, the offence under Section 138 is compoundable. Section 147 reads as under:
"Offence to be compoundable-
Notwithstanding anything contained in the Criminal Procedure Code, 1973(2 of 1974), every offence punishable under this Act shall be compoundable".
5. The compounding of the offence under Section 138 can be done during the trial of the case as well as by the High Court or Court of Session while acting in the exercise of its power of revision under Section 401 Criminal Procedure Code Reference may be made to Section 320(6) Criminal Procedure Code in this regard.
6. Further, under Section 320(8) Criminal Procedure Code the composition of an offence shall have the effect of acquittal of the accused with whom the offence has been compounded."
9. This Court in 'Vatsa Electronics Vs. Pala Ram & Anr. decided on 09.03.2022 in CRR-1585-2019' has also held that once a settlement is being effected, then in terms of Section 147 of the Negotiable Instruments Act and Section 320 Cr.P.C., the accused ought to be acquitted as the offence stands compounded.
5 of 6 ::: Downloaded on - 30-11-2024 08:03:58 ::: Neutral Citation No:=2024:PHHC:153181 CRM Nos.45645 & 45646-2024 and CRM Nos.45484 & 45485-2024 in in CRR-555-2007 (O & M) ::6::
10. In view of the above, since, the parties have voluntarily settled the disputes between themselves, it is a fit case for allowing them to compound the offence.
11. Accordingly, the revision petition is allowed and subject to payment of 15% of the cheque amount of Rs1,50,000/- to be deposited with Sadhna Society for the Mentally Handicapped, Near Housing Board Chowk, Raen Basera Building Manimajra, Sector 13, Chandigarh, the judgment dated 16.03.2007 passed by the Additional Sessions Judge, Fatehgarh Sahib, as well as the judgment of conviction and order of sentence dated 20.11.2004 passed by the Chief Judicial Magistrate, Fatehgarh Sahib, are hereby set aside. The petitioner is acquitted of the charge under Section 138 of the Negotiable Instruments Act.
12. Since the main petition has been disposed of no order needs to be passed in the pending application(s), if any, ( JASJIT SINGH BEDI) JUDGE November 21, 2024 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
6 of 6 ::: Downloaded on - 30-11-2024 08:03:58 :::