Ramandeep Kaur vs Jaswant Kaur And Another
2023 Latest Caselaw 5104 P&H

                                                              Neutral Citation No:=2023:PHHC:057350




              IN THE HIGH COURT OF PUNJAB & HARYANA AT
                            CHANDIGARH

                                                   2023:PHHC:057350
(248)                                              CRR-216-2019(O&M)
                                                   Date of Decision: 24.04.2023

Ramandeep Kaur                                                 --Petitioner
                             Versus
Jaswant Kaur & another                                         --Respondents
CORAM:- HON'BLE MR. JUSTICE RAJESH BHARDWAJ.

Present:-     Mr. Arshit Goyal, Advocate for the petitioner.

              Mr. Naveen Sharma, Advocate for respondent no.1.

              Mr. Karunesh Kaushal, AAG, Punjab.

              ***

RAJESH BHARDWAJ.J (Oral)

This revision has been filed by the petitioner impugning the

judgement dated 15.12.2017, passed by learned JMIC, Jalandhar whereby

petitioner has been awarded one year RI and further directed to pay cheque

amount of Rs.3,00,000/- @ 9% per annum from the date of cheque till that

date. The conviction and sentence awarded by learned trial Court has been

upheld vide judgement dated 06.12.2018 passed by learned Addl. Sessions

Judge, Jalandhar.

As per the facts of the case, petitioner, who was known to the

respondent-complainant borrowed a sum of Rs.3,00,000/- from her as loan.

In order to discharge his legal liability, the accused/petitioner issued a

cheque bearing No.292004 dated 22.1.2016 in favour of the

respondent/complainant drawn at Oriental Bank of Commerce, Mithapur,

District Jalandhar. When the complainant presented the said cheque with

her banker, the same was dishonoured vide memo dated 27.1.2016 with

remarks "Drawers Signature Differs". Thereafter, the respondent-

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complainant sent a legal notice dated 6.2.2016 to the accused/petitioner

requesting him to make payment but despite that, no payment was made and

thus, the complaint was filed.

On the conclusion of the trial the petitioner was convicted and

sentenced by the trial Court vide order dated 15.12.2017 to undergo

rigorous imprisonment for a period of one year under Section 138 of

Negotiable Instruments Act. Petitioner was further directed to pay

compensation of the cheque amount i.e. Rs.3,00,000/- to

respondent/complainant as per provisions of Section 357(3) Cr.P.C.

Aggrieved by the same, the petitioner filed an appeal and the Appellate

Court also upheld the conviction and sentence as awarded by learned trial

Court and thus, dismissed the appeal vide its order dated 6.12.2018.

Aggrieved by the same, the petitioner has filed the present revision petition.

Learned counsel for the petitioner has stated that matter was

referred to the Mediation & Conciliation Centre of this court, where parties

have amicably settled their dispute and have arrived at a compromise. He

submits that in view of the settlement/agreement dated 14.3.2023 petitioner

had already paid Rs.2,00,000/- in cash to respondent no.1, whereas

remaining amount of Rs.1,00,000/- has been paid today through a demand

draft dated 15.04.2023 and the same has been handed over to learned

counsel for respondent no.1. It is further submitted that in view of the

settlement effected between the parties, the prosecution of the petitioner

would be nothing but an abuse of the process of the Court and thus, the

petitioner be allowed to compound the offence and he be acquitted of the

charge under Section 138 of Negotiable Instruments Act in view of the law

laid down by Hon'ble Supreme Court in Damodar S. Prabhu Vs. Sayad

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Babalal H. 2010(2) RCR (Crl.) 851. He has further relied upon the

judgment dated 18.09.2013 passed in CRR-3275-2012 titled as Karam

Chand Mittal Vs. Gian Chand and another.

Learned counsel for respondent No.2 has affirmed the

contentions raised by learned counsel for the petitioner and has prayed that

the amount of Rs.3,00,000/- has been paid to the complainant/respondent

no.1 and parties have arrived at a compromise. He further states that

respondent no.1 has no objection if the present petition is allowed.

As the parties have amicably settled the matter and the

petitioner has paid the agreed amount of Rs.3,00,000/- to the

respondent/complainant, so, in view of the compromise effected between

the parties and the law laid down by the Hon'ble Supreme Court in

Damodar S. Prabhu's case (supra), offence is compounded and the

petitioner is acquitted of the charges framed against him under Section 138

of Negotiable Instruments Act, 1881, subject to his depositing Rs.45,000/-

(15% of the cheque amount) with the Poor Patients' Welfare Fund,

PGIMER, Chandigarh within a period of two weeks from today. The

judgement dated 6.12.2018 passed by the learned Addl. Sessions Judge,

Jalandhar dismissing the appeal of the petitioner and order dated 15.12.2017

passed by learned JMIC, Jalandhar convicting and sentencing the petitioner

as stated above, are set aside.

Petitioner is directed to file receipt of above said amount of

Rs.45,000/- in the office within aforesaid period. In case the petitioner fails

to deposit the above said amount within 15 days from the date of

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pronouncement of this order, the office is directed to list the present case in

the ordinary list as IOIN for further orders. Revision petition is allowed in

above terms.

                                                  (RAJESH BHARDWAJ)
                                                          JUDGE
24.04.2023
lucky
             Whether speaking/reasoned:        Yes/No
             Whether Reportable:               Yes/No




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