Punjab-Haryana High Court
Lakhwinder Singh vs M/S Sudha Mal Banarsi Dass on 2 August, 2023
Neutral Citation No:=2023:PHHC:099033
CRR- 617 of 2023(O&M) 2023:PHHC:099033 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-10600-2023 in/and
CRR- 617 of 2023
Date of decision : August 02, 2023
Lakhwinder Singh
...... Petitioner
Versus
Sudha Mal Banarsi Dass
...... Respondents
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
***
Present :-Mr. L. S. Sidhu, Advocate
for the petitioner.
Mr. Brahmeet Singh, Advocate
for the respondent.
***
PANKAJ JAIN, J. (ORAL)
1. Present petition has been filed impugning the order dated
06.02.2023 passed by Additional Sessions Judge, Moga whereby appeal filed
by the petitioner against the judgment and order of senctence dated 03.10.2022
has been dismissed.
On 24.03.2023 following order was passed:
"CRR-617-2023 and CRM-10600-2023
The present revision petition has been filed against the
judgment dated 06.02.2023 passed by the learned Additional
Sessions Judge, Moga, whereby the appeal No.CRA/202/2022 of
the petitioner against the judgment and order of sentence dated
03.10.2022 passed in NACT/152/2018 by the learned JMIC,
Moga, was dismissed.
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Prayer in the application bearing CRM 10600 of 2023 is
for permitting to the petitioner to allow the offence to be
compoundable as per affidavit dated 07.01.2023.
In terms of order dated 15.03.2023, report of learned JMIC,
Moga, dated 23.03.2023 through learned District and Sessions
Judge, Moga, has been received. The same is taken on record. As
per the report, the petitioner has surrendered before the Court
below and he was sent to Sub Jail Moga to undergo rigorous
imprisonment for the period of one year.
Learned counsel for the petitioner submits that the parties
have entered into a compromise.
Learned counsel for the respondent affirmed the factum of
compromise between the parties.
Let the parties to appear before the trial Court/Duty
Magistrate, as the case may be, within a period of 30 days, for
getting their statements recorded with regard to the compromise.
The statements of the parties with regard to the compromise may
be recorded on the same day or on any other day convenient to
Illaqa/Duty Magistrate but not later than six days thereof. Trial
Court is directed to record the statements of all the concerned
parties with regard to the genuineness and validity or otherwise
of the compromise and send the report through the learned
District & Sessions Judge, before the next date of hearing.
List on 02.08.2023.
CRM-10602-2023
Present application has been filed by the applicant-
petitioner seeking suspension of sentence of the applicant-
petitioner during the pendency of the present petition.
Learned counsel for the applicant submits that the parties
have entered into a compromise on 07.01.2023 and in this
regard, an affidavit of Sh. Pawan Kumar with regard to
compromise is annexed as Annexure P-1.
Keeping in view the fact that the parties have entered into a
compromise and report from the concerned Magistrate regarding
genuineness of compromise is already sought, it is ordered that
the remaining sentence of the applicant-petitioner shall remain
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suspended during the pendency of the present revision subject to
his furnishing bail bonds/surety bonds to the satisfaction of the
trial Court/Duty Magistrate concerned and recovery of amount
of compensation awarded vide judgment dated 03.10.2022 is
also hereby stayed.
Application stands disposed of ."
Pursuant to the aforesaid order, report from the quarter concerned
has been received. The same reads as under:-
"In the above noted criminal petition, in furtherance to order
dated 24.03.2023, passed in CRR-617-2023 and CRM-10600-
2023, it is humbly submitted that on 13.04.2023 petitioner
Lakhwinder Singh alongwith his counsel Sh. Kuldeep Singh
Advocate as well as respondent Pawan Kumar attorney holder of
complainant firm alongwith his counsel Sh. Harmeet Singh,
Advocate have appeared in the Court. Statements of the petitioner
as well of respondent were recorded. The compromise is genuine,
without any pressure or undue influence. Through the same, the
parties stated in unison that they have voluntarily entered into
a compromise and that they were making statement in the
Court voluntarily, free from any duress or inducement.
From the statements of the parties, it is concluded that
the compromise so effected between the parties is genuine
and voluntary in nature."
2. In view thereof it can be safely inferred that the complainant
has agreed to compound the offence for which the petitioner was convicted
under Section 138 of the Negotiable Instruments Act,1881. As per law the
offence is compoundable at the instance of the complainant.
3. In view thereof, CRM-10600-2023 as well as the present revision
petition is allowed.
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4. The offence under Section 138 of Negotiable Instruments Act,
1881 stands compounded.
( PANKAJ JAIN )
JUDGE
August 02, 2023
archana
Whether speaking/reasoned Yes
Whether Reportable : No
Neutral Citation No:=2023:PHHC:099033
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