Darshan Singh vs State Of Punjab And Anr
2022 Latest Caselaw 1266 P&H

            IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH.
110+222

                                             CRR-3145-2019 (O &M)
                                             Date of decision: 07.03.2022

DARSHAN SINGH                                                   .....Petitioner

                                   Versus

STATE OF PUNJAB AND ANOTHER                                  .....Respondents


CORAM: HON'BLE MR. JUSTICE SANT PARKASH

Present :     Mr. Mahipal Yadav, Advocate
              for Mr. Sunny Kumar Singla, Advocate
              for the applicant-petitioner.

              Mr. Tanvir Joshi, AAG, Punjab
              for respondent No. 1

              Mr. Jai Bhagwan, Advocate
              for respondent No. 2/complainant.

                          ****

SANT PARKASH, J. (ORAL)

(The case has been taken up for hearing through video conferencing.)

CRM-127-2022 in/and CRR-3145-2019

Petitioner has filed application CRM-127-2022 under

Section 482 of the the Code of Criminal Procedure, 1973 for setting

aside judgements dated 22.11.2017 and 20.08.2019 passed by the

learned Courts below and deciding the Revision Petition bearing

No.CRR-3145-2019 in terms of the compromise dated 15.11.2021

(Annexure A-1) arrived at between the parties with a further prayer that

the petitioner be acquitted of the charge under Section 138 of the

Negotiable Instrument Act.

On the previous date of hearing i.e. 09.02.2022, the parties

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CRR-3145-2019 (O &M) -2-

were directed to appear before the learned trial Court/Illaqa Magistrate

for recording of their statements with regard to the

compromise/settlement and the substantive sentence of imprisonment

as imposed upon the petitioner was suspended.

In compliance to the aforesaid order, report of learned

Judicial Magistrate First Class, Malerkotla has been received which is

taken on record. The relevant part of the report is as under :-

"As per the statement of complainant Pavittar Singh and accused Darshan Singh, they have entered into compromise with their own free will and without any pressure or coercion or undue influence. The said compromise seems to be genuine, voluntary and out of free will of the parties."

Learned counsels appearing on behalf of both the parties

admit that parties have settled their disputes.

Offence punishable under Section 138 of the N.I. Act is

compoundable under Section 147 of the N.I. Act.

In JIK Industries Limited and others Vs. Amarlal V.

Jumani and another : 2012(1) R.C.R.(Criminal) 822 it was held by

Hon'ble Supreme Court that the basic procedure of compounding an

offence laid down in Section 320 of the Cr.P.C. will apply to

compounding of an offence under the N.I. Act.

Section 320(6) of the Cr.P.C. empowers the High Court

acting in exercise of its powers of revision under section 401 to allow

any person to compound any offence which such person is competent to

compound under Section 320 of the Cr.P.C.

The petitioner-accused and respondent No.2-complainant

have compromised and settled the dispute between them. Compromise

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CRR-3145-2019 (O &M) -3-

will restore cordial relations between the parties and will also

contribute to peace and harmony in the society. Therefore, the offence

under the N.I. Act is compounded.

In view of the facts and circumstances, the compromise

deed entered into between the parties is accepted and in view of the

compromise, the petitioner-accused is acquitted of the offence

punishable under Section 138 of the N.I. Act in terms of the

compromise deed and judgment dated 20.08.2019 passed in appeal by

learned Additional Sessions Judge, Sangrur and judgment of conviction

and order of sentence both dated 22.11.2017 passed by learned Judicial

Magistrate First Class, Malerkotla are set aside.

The revision petition is allowed accordingly.

Since the main case itself has been decided, any pending

civil miscellaneous applications have been rendered infructuous and are

disposed of accordingly.

                                                        (SANT PARKASH)
07.03.2022                                                  JUDGE
kavneet singh


                Whether speaking/reasoned        :       Yes/No
                Whether reportable               :       Yes/No




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