Vikas vs Jagmohan Sharma
2023 Latest Caselaw 1824 P&H

CRR-2429-2019                                                                -1-

226         IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                              CRR-2429-2019
                                              Date of Decision: 27.01.2023

Vikas                                                 ..... Petitioner
                                 Versus

Jagmohan Sharma                                      .......Respondent

CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ

Present:    Mr. Balram Singh, Advocate, for the petitioner.
            Mr. Lalit K. Gupta, Advocate, for the respondent.
Rajesh Bhardwaj, J. (ORAL)

The present revision petition has been filed against the order

dated 17.09.2018 passed by the learned JMIC, Faridabad in complaint

No.2029 no.NACT/4632 of 2016 dated 21.09.2016/26.09.2016 filed under

Section 138 Negotiable Instruments Act, convicting and sentencing him to

undergo simple imprisonment for a period of six months alongwith

compensation of Rs.1,65,000/- to be paid to the complainant. The appeal

filed by the petitioner challenging the aforesaid order was dismissed by the

learned Additional Sessions Judge, Faridabad vide order dated 16.09.2019.

Learned counsel for the petitioner has submitted that during the

pendency of the present revision petition, the matter was settled by the

parties before the Mediation and Conciliation Centre of this Court and the

petitioner agreed to pay an amount of Rs.1,30,000/- to the respondent. The

settlement/compromise has been placed on record. He submits that as per

ratio of judgment passed by Hon'ble Supreme Court in Damodar S. Prabhu

vs. Sayed Babalal H, 2010 (2) RCR (Criminal) 851, offence under Section

138 of the Negotiable Instrument Act is compoundable. He has further

stated that the petitioner has performed his part of settlement and has paid

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the entire amount to the respondent and as such the present petition may

kindly be accepted.

Learned counsel for the respondent has affirmed the factum of

compromise effected between the parties and has also submitted that as the

petitioner has performed his part of the settlement, he has no objection if the

present revision petition is accepted.

Learned counsel for the petitioner has also produced on record

the receipt showing deposit of costs of Rs.16,500/- being 15% of the cheque

amount as ordered by this Court vide order dated 18.01.2023.

Heard.

Keeping in view abovesaid facts, the compromise effected

between the parties and ratio of law laid down in Damodar S Prabhu's case

(supra), offence under Section 138 of the Negotiable Instrument Act is

allowed to be compounded and the petitioner is acquitted of the charges

framed against him under Section 138 of the Negotiable Instrument Act.

Revision petition is accordingly allowed and the impugned order dated

17.09.2018 passed by the learned JMIC, Faridabad and the order 16.09.2019

passed by the learned ASJ, Faridabad, are set aside.

                                                (RAJESH BHARDWAJ)
27.01.2023                                          JUDGE
sharmila            Whether Speaking/Reasoned   :     Yes/No
                    Whether Reportable          :     Yes/No




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