Surender Rathi vs Pawan Yadav And Another
2023 Latest Caselaw 14966 P&H

Citation : 2023 Latest Caselaw 14966 P&H
Judgement Date : 4 September, 2023

Punjab-Haryana High Court

Surender Rathi vs Pawan Yadav And Another on 4 September, 2023

                                                   Neutral Citation No:=2023:PHHC:116262




                                                           2023:PHHC:116262
CRR-382-2023 (O&M)
                                                                                   -1-

259
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

                                                     CRR-382-2023 (O&M)
                                                  Date of Decision: 04.09.2023
SURENDER RATHI
                                                                      ... Petitioner
                                        Versus
PAWAN YADAV AND ANOTHER
                                                                   ...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:    Mr. Suneet Pal Singh Aulakh, Advocate
            for the petitioner.

            Mr. Anmol Pratap Singh Mann, Advocate
            for respondent No.1.

          Mr. Neeraj Poswal, Asst. A.G., Haryana
          for respondent No.2.
                            ****

JASJIT SINGH BEDI, J (Oral)

CRM-34682-2023

This is an application filed under Section 147 of the NI Act for

compounding of the offence in view of the fact that the matter has been

compromised between the parties.

Allowed as prayed for subject to all just exceptions.

CRR-382-2023

The present revision petition has been filed against the judgment

dated 30.01.2023 passed by the Additional Sessions Judge, Gurugram, vide

which the appeal preferred by the petitioner against the judgment of

conviction and order of sentence dated 30.03.2017/31.03.2017 passed by the

learned Judicial Magistrate, 1st Class, Gurgaon, has been dismissed.

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2. The brief facts of the case are that in discharge of his legal

liability, the accused/petitioner issued cheques bearing No.686169, 686170

and 686171 dated 29.08.2011 for an amount of Rs.30,00,000/- each in favour

of respondent No.1/complainant which came to be dishonoured. Pursuant

thereto, the accused came to be summoned under the provisions of the 138 of

the Negotiable Instruments Act, 1881 vide order dated

30.03.2017/31.03.2017 passed by the JMIC, Gurgaon.

3. The evidence was led and ultimately, the accused was held guilty

and accordingly, convicted for the offence punishable under Section 138 of

the Negotiable Instruments Act, 1881 and sentenced to undergo rigorous

imprisonment for a period of 01 year. The accused was also ordered to pay an

amount of Rs.95,00,000/- as compensation to the complainant.

4. Aggrieved against the said judgment of conviction and order of

sentence, the accused preferred an appeal before the Additional Sessions

Judge, Gurugram, which came to be dismissed on 30.01.2023.

5. Still aggrieved, the present revision petition has been preferred

by the accused. During the pendency of the present criminal revision petition,

a compromise has been arrived at between the parties on 10.08.2023

(Annexure A-4). It would be relevant to mention here that a combined

reading of Section 147 of the Negotiable Instruments Act alongwith Section

320 Cr.P.C. would establish that where a settlement has been effected, the

offence under Section 138 of the Negotiable Instruments Act can be

compounded on account of the fact that a mutual compromise has been

effected between the parties.

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6. The learned counsel for respondent No.1/complainant has

accepted the factum of the compromise and has stated that he has no

objection if the petitioner is acquitted of the charges framed against him as

against three cheques of Rs.30,00,000/- totaling to Rs.90,00,000/-, a

settlement has been arrived at for Rs.20,00,000/-.

7. I have heard the learned counsel for the parties.

8. This Court in 'Ramesh Chander Vs. State of Haryana and

another, 2007(1) RCR (Criminal) 245' held as under:-

"4. As per the provisions of Section 147 of the Act, the offence under Section 138 is compoundable. Section 147 reads as under:-

"Offence to be compoundable-

Notwithstanding anything contained in the Criminal Procedure Code, 1973(2 of 1974), every offence punishable under this Act shall be compoundable".

5. The compounding of the offence under Section 138 can be done during the trial of the case as well as by the High Court or Court of Session while acting in the exercise of its power of revision under Section 401 Criminal Procedure Code Reference may be made to Section 320(6) Criminal Procedure Code in this regard.

6. Further, under Section 320(8) Criminal Procedure Code the composition of an offence shall have the effect of acquittal of the accused with whom the offence has been compounded."

9. This Court in 'Vatsa Electronics Vs. Pala Ram & Anr. decided on

09.03.2022 in CRR-1585-2019' has also held that once a settlement is being

effected, then in terms of Section 147 of the Negotiable Instruments Act and

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Section 320 Cr.P.C., the accused ought to be acquitted as the offence stands

compounded.

10. The admitted position is that the matter stands settled and the

compromise/settlement between the parties dated 10.08.2023 (Annexure A-1)

is already on record.

11. In view of the above, since, the parties have voluntarily settled