Meetu Nanda vs M/S Ambay Handicrafts And Anr
2022 Latest Caselaw 1326 P&H

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                               CRR-902-2020 (O&M)
                                               Date of Decision:-08.03.2022

MEETU NANDA
                                                                ... Petitioner(s)
                                   Versus
M/S AMBAY HANDICRAFTS AND ANR
                                                               ... Respondent(s)


                           *****


CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH

                           *****

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

              Mr. Deepak Girotra, Advocate
              for the respondents.

                           *****

KARAMJIT SINGH, J. (Oral)

This order will dispose of the present criminal revision petition

filed by Meetu Nanda (accused/petitioner).

The brief facts of the case are that the respondent No.1

(complainant) filed criminal complaint under Section 138 of Negotiable

Instruments Act (in short 'NI Act') against the petitioner regarding

dishonour of cheque worth `50,000/- bearing No.872309 dated 15.1.2017.

On completion of trial, the petitioner was convicted under Section 138 of NI

Act and sentenced to undergo rigorous imprisonment for a period of 1 year

and to pay fine of `70,000/- which includes interest @ 9% per annum from

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the date of issuance of cheque and `5,700/- litigation expenses and `5,000/-

Court fine. Out of total amount `65,000/- was directed to be paid to the

complainant as compensation under Section 357 Cr.P.C. and `5,000/- is to

be deposited as fine with the Court. In default of payment of fine the

accused was to further undergo simple imprisonment for a period of 3

months vide judgment dated 5.2.2019 and order of sentence dated 6.2.2019

passed by Court of Judicial Magistrate Ist Class, Panipat.

Being aggrieved, the petitioner filed criminal appeal against the

said judgment and order. After hearing both the parties, the Appellate Court

dismissed the appeal filed by the petitioner vide judgment dated 16.3.2020.

Still being not satisfied, the petitioner has filed the present

revision petition.

Upon notice of motion, Mr. Deepak Girotra, Advocate presented

his power of attorney on behalf of respondents.

During the pendency of this revision petition, the matter was

referred to Mediation and Conciliation Centre, Panipat, where the dispute

between the parties was amicably resolved.

Mr. Deepak Girotra, Advocate respondent No.1 has admitted the

fact of compromise which has been effected between the parties. He further

admitted that the settled amount as per said compromise has been received

by respondent No.1 from the petitioner. He has no objection, if the offence

punishable under Section 138 of NI Act is compounded.

The counsel for the petitioner produced copy of receipt No.3659

and submitted that the requisite compounding fee has been deposited by the

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petitioner in compliance of order dated 20.12.2021 passed by the Co-

ordinate Bench of this Court. This fact has not been disputed by the counsel

for respondent No.1.

Thus it is clear that the parties have settled their dispute by way

of compromise and accordingly permission is hereby granted to the parties

to compound the offence punishable under Section 138 of Negotiable

Instruments Act.

Consequently, the present revision petition is allowed and

impugned judgments and orders passed by the Courts below are set aside.

The complaint filed by respondent No.1 under Section 138 Negotiable

Instruments Act is dismissed and the petitioner stands acquitted.

                                           ( KARAMJIT SINGH)
08.03.2022                                      JUDGE
Gaurav Sorot


                     Whether reasoned / speaking?      Yes / No

                     Whether reportable?               Yes / No




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