Punjab-Haryana High Court
M/S Jaisons Enterprises vs Bansal Steel Corporation on 5 September, 2024
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
313
1. CRR-1164-2024 (O&M)
2. CRR-1166-2024 (O&M)
3. CRR-1167-2024 (O&M)
Date of Decision: September 5th, 2024
M/s Jaisons Enterprises and another
.....Petitioners
Versus
Bansal Steel Corporation
.....Respondent
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Gursimran Singh, Advocate
for the petitioners.
MANJARI NEHRU KAUL, J. (ORAL)
The petitioners are impugning the judgment dated 15.05.2024 passed by learned Additional Sessions Judge, Ludhiana, vide which their appeal has been dismissed while affirming the judgment dated 21.11.2018 passed by learned Judicial Magistrate 1 st Class, Ludhiana, whereby the petitioner has been convicted for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act') and sentenced to undergo rigorous imprisonment for two years and to pay compensation amounting to `4,75,000/- to the complainant.
2. In compliance of order dated 09.07.2024 Mr. Vijay Lath, Advocate, has filed three separate power of attorneys, on behalf of the respondent, which are taken on record.
3. Vide order dated 06.06.2024 passed by a coordinate Bench of this Court, parties were directed to appear before the Mediation and PUNEET SACHDEVA 2024.09.06 10:11 I attest to the accuracy and integrity of this document Chandigarh CRR-1164, 1166, 1167-2024 (O&M) -2- Conciliation Centre of this Court for exploring the possibility of compromise.
4. Report of Mediation and Conciliation Centre has been received, wherein it stands reflected that the parties have amicably resolved all their disputes and arrived at an amicable settlement vide compromise deed dated 04.09.2024.
5. Learned counsel for the petitioners has submitted that as per the terms and conditions of the compromise, two drafts in the sum of `1,50,000/- each have been brought in the Court today by the Mediator Ms. Ritu Punj and the same have been handed over to the counsel for the respondent in the presence of the respondent- complainant. A photocopy of the drafts has been taken on record.
6. Learned counsel for the respondent has also submitted that the matter indeed stands amicably settled as per the terms and conditions of the compromise deed.
7. In view of the compromise having been effected between the parties, a prayer has been made by learned counsel for the petitioners for compounding the offence. In support, he has relied upon A.T. Sivaperumal Vs. Mohammed Hyath (D) By Lrs.' 2017 (2) R.C.R. (Criminal) 453 and A.J. Asana Vs. Sittrarasu 2019 (5) R.C.R. (Criminal) 568.
8. Learned counsel for the complainant does not dispute the submissions made by the counsel opposite and also does not oppose his prayer for compounding the offence.
9. I have heard learned counsel for the parties and perused the relevant material on record.
PUNEET SACHDEVA 2024.09.06 10:11 I attest to the accuracy and integrity of this document Chandigarh
CRR-1164, 1166, 1167-2024 (O&M) -3-
10. In view of the fact that the parties have amicably settled their dispute, the offence under Section 138 of the N.I. Act is hereby compounded.
11. The instant revision petitions are also allowed and impugned judgments and order of conviction are set aside.
12. Needless to say the parties shall remain bound by the terms of settlement/agreement dated 04.09.2024 arrived at between them before the Mediation and Conciliation Centre of this Court.
13. Pending application, if any, stands disposed of.
September 5th, 2024 (MANJARI NEHRU KAUL)
Puneet JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
PUNEET SACHDEVA
2024.09.06 10:11
I attest to the accuracy and
integrity of this document
Chandigarh