Harmeet Kumar Alias Harish vs Rajesh Kumar
2021 Latest Caselaw 3054 P&H

CRR-580-2020 (O&M)                                                  -1-


            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH


                                 CRR-580-2020 (O&M)
                                 Date of decision: - 27.10.2021

Harmeet Kumar alias Harish Kumar
                                                                  ....Petitioner

                                   Versus

Rajesh Kumar
                                                                .....Respondent


CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI


Present:-     Mr. Sandeep Jasuja, Advocate,
              for the petitioner.

              Mr. Saksham Arora, Advcoate
              for the respondent.

                     ( Through Video Conferencing )


                                 ****
HARSIMRAN SINGH SETHI, J. (ORAL)

CRM-7046-2020

Application is allowed, as prayed for.

CRR-580-2020 (O&M)

In the present criminal revision petition, the challenge is to

order dated 22.08.2017, passed by the learned Sub Divisional Judicial

Magistrate, Jalalabad, by which, the petitioner was convicted for violating

the provisions of the Negotiable Instruments Act, 1881 and was sentenced

to undergo rigorous imprisonment for a period of nine months and was

also directed to pay a compensation of Rs.1,50,000/- and also to order

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CRR-580-2020 (O&M) -2-

dated 06.11.2019, passed by the learned Additional Sessions Judge,

Fazilka, by which, the appeal of the petitioner against the order of

conviction was dismissed.

Learned counsel for the petitioner submits that now the

parties have already compromised their disputes, vide compromise dated

13.02.2020 (Annexure P-1) and the petitioner has already discharged the

the claim of the respondent to his satisfaction. Learned counsel for the

petitioner further submits that as the petitioner has discharged his liability

to the satisfaction of the respondent, the conviction ordered by the Court

below may kindly be re-considered, keeping in view the facts and

circumstances that exists as of now. Learned counsel for the petitioner

prays that his oral prayer for compounding the offence may kindly be

accepted.

Learned counsel for the respondent concedes that the parties

have compromised their disputes and the claim of the respondent has been

satisfied and no further grievance of the respondent remains. Learned

counsel for the respondent submits that the respondent has no objection in

case the offence is compounded, as being prayed by the petitioner.

I have heard learned counsel for the parties and have gone

through the record with their able assistance.

As per Section 320(6) of the Cr.P.C, the High Court or the

Court of Sessions, as the case may be, even while exercising the powers

of revision as envisaged under Section 401 of Cr.P.C can compound the

offence. In the present case, it is not disputed by the respondent that the

offence, for which, the petitioner has been charged and convicted is

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CRR-580-2020 (O&M) -3-

compoundable. Once, the parties have amicably resolved their dispute and

the respondent has already stated before this Court that the petitioner has

discharged his liability to his satisfaction and the learned Counsel

appearing for the respondent raises no objection to the prayer of the

petitioner for compounding the offence, it is a fit case, where this Court

needs to exercise the jurisdiction of compounding of offence.

Accordingly, keeping in view the facts and circumstances noticed

hereinbefore, the present revision petition is accepted and the offence, for

which, the petitioner is charged is compounded and the judgment dated

22.08.2017, passed by the learned Sub Divisional Judicial Magistrate, 1st

Class, Jalalabad and judgment dated 06.11.2019, passed by the learned

Additional Sessions Judge, Fazilka are set aside and the accused is

ordered to be acquitted, , subject to the cost of Rs.10,000/- to be paid by

the petitioner in Prabh Aasra (Unit of) u/o Universal Disabled Care Taker

Social Welfare Society, (who are maintaining Orphans) in Bank A/c

No.014894600000970, SCO-151-152, Sector 9-C, Chandigarh or A/c

No.100035657241 of IndusInd Bank, Sector-54, Phase-II, Mohali Branch.

CRM-7047-2020 Application stands disposed of keeping in view the order

passed in the main criminal revision petition.

                                    ( HARSIMRAN SINGH SETHI )
October 27, 2021                             JUDGE
naresh.k

             Whether reasoned/speaking?              Yes
             Whether reportable?                     No




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