Kiran Auto Mobiles And Another vs State Of Punjab And Another
2023 Latest Caselaw 14040 P&H

                                                       Neutral Citation No:=2023:PHHC:111155




                                                               2023: PHHC: 111155

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH
                           ****
                                       CRR-212-2021 (O&M)
                                      Decided on: 24.08.2023

Kiran Auto Mobiles and another                                . . . . Petitioners
                                            Vs.

State of Punjab and another                                   . . . . Respondents

                                ****
CORAM: HON'BLE MR JUSTICE DEEPAK GUPTA
                                ****
Present: - Mr. Arun Gupta, Advocate, for
           Mr. Rakesh Gupta, Advocate, for the petitioners.

            Mr. Praneet Singh Pandher, AAG, Punjab.

            Mr. Chandeep Singh, Advocate, for respondent No.2.
                                 ****
DEEPAK GUPTA, J.

Memo of Appearance filed on behalf of respondent No.2/SBI

today in Court and the same is taken on record.

2. In criminal complaint bearing CNR No. PBPT03-005873-2017,

accused Satpal Singh (petitioner No.2 herein) being proprietor of the firm

Kiran Auto Mobiles (petitioner N: 1) was convicted under Section 138 of the

Negotiable Instruments Act, 1881 [for short 'the NI Act'] vide judgment dated

05.09.2018 passed by ld. JMIC, Patiala. Petitioner No.2 Satpal Singh was

sentenced to undergo imprisonment for a period of one year and to pay

compensation amount of `23,00,000/- along with simple interest @ 12% p.a

till final realization with default sentence. Appeal filed by the petitioners

against the aforesaid judgment of conviction and order of sentence was

dismissed by the Court of Ld. Additional Sessions Judge, Patiala vide order

dated 28.01.2020.

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                                                                Neutral Citation No:=2023:PHHC:111155




CRR-212-2021                                                          2023: PHHC:111155

3. Though the aforesaid concurrent findings of conviction have

been challenged by way of present Criminal Revision, but it is informed by ld.

counsel that after dismissal of the appeal, matter has since been compromised

amongst the parties and that respondent No.2/Bank had issued clearance

certificate dated 31.12.2020 (Annexure A1). The certificate reads as under: -

"It is to certify that M/s Kiran Automobiles had availed a Cash Credit facility bearing Account No.33348282043 (AUCA 390204855655) of Rs.36.00 Lakh from our branch on 05.02.2016. The outstanding pertaining to this account have been settled under One Time Settlement Scheme 2020-21 of the bank. The said account has been closed on 31.12.2020 and nothing is due towards this particular account."

4. Today, learned counsel for respondent No.2-complainant has

appeared and has admitted the authenticity of Annexure A1. He has no

objection to accept the criminal revision and to set aside the impugned

judgments of conviction and order of sentence.

5. Offence under Section 138 of the NI Act is compoundable in

nature. Compounding can be allowed at any stage. Since matter has been

compromised between the parties and account stands settled, therefore, both

the impugned judgments of conviction and order of sentence, as passed by

Courts below, are hereby set aside. On account of the offence having been

compounded, the petitioner-accused stands acquitted within the meaning of

Section 320(8) Cr.P.C.

Disposed of.

Pending applications, if any, also stand disposed of.

                                                         (DEEPAK GUPTA)
                                                             JUDGE
24.08.2023
Vivek
        1. Whether speaking/reasoned?                 Yes/No
        2. Whether reportable?                        Yes/No


                                                               Neutral Citation No:=2023:PHHC:111155

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