Punjab-Haryana High Court
Rajesh Kumar vs R.K. Berwal on 4 April, 2024
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
Neutral Citation No:=2024:PHHC:046860
112(2) 2024:PHHC:046860
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR-1454-2019(O&M)
Decided On: 04.04.2024
RAJESH KUMAR
.....PETITIONER(s)
Versus
R.K. BERWAL
.....RESPONDENT(s)
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Amit Kohar, Advocate
for the applicant-petitioner.
MANJARI NEHRU KAUL, J.(Oral)
CRM-13785-2023
Prayer in this application for placing on record the original copy of
compromise deed dated 23.02.2024 as Annexure PX/1.
For the reasons mentioned in the application, the same is allowed
subject to all just exceptions. Annexure PX/1 is taken on record.
CRM-13786-2024
Prayer in this application is for preponing the date of hearing of the
case from 01.05.2024 to an advance date.
Notice in the application.
Learned counsel for the respondent has endorsed no objection in
case the main case is taken up today, who has been served in advance with the
present application.
Main case is taken on Board.
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Neutral Citation No:=2024:PHHC:046860
CRR-1459-2019(O&M) -2-
CRR-1459-2019(O&M)
The petitioner is impugning the judgment dated 13.05.2019 passed
by learned Additional Sessions Judge, Hisar, vide which his appeal has been
dismissed while affirming the judgment dated 02/03.04.2018 passed by learned
Judicial Magistrate 1st Class, Hisar, whereby the petitioner has been convicted
for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short,
'the NI Act') and sentenced to undergo simple imprisonment for 01 year and to
pay a compensation of Rs.10,00,000/- and in default of which simple
imprisonment for a period of three months.
2. The petitioner has also filed an application bearing CRM No.13844
of 2024 under Section 147 N.I. Act read with Section 320 Cr.P.C. for
compounding of the offence on the basis of compromise arrived at between the
parties.
3. Learned counsel for the petitioner, inter alia, contends that
subsequent to his conviction under Section 138 of the Negotiable Instruments
Act vide order dated 02/03.04.2018 by learned Judicial Magistrate 1st Class,
Hisar, the parties had effected a compromise by way of compromise deed dated
23.02.2024 (Annexure PX/1) as the cheque amount in question stood paid to the
complainant and which had subsequently been also accepted by him. A prayer
has, therefore, been made for compounding the offence on the basis of
compromise arrived at between the parties. In support, he has relied upon A.T.
Sivaperumal Vs. Mohammed Hyath (D) By Lrs.' 2017 (2) R.C.R. (Criminal)
453 and A.J. Asana Vs. Sittrarasu 2019 (5) R.C.R. (Criminal) 568.
4. Learned counsel for the complainant does not dispute the
submissions made by the counsel opposite and also does not oppose his prayer
for compounding the offence.
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Neutral Citation No:=2024:PHHC:046860
CRR-1454-2019(O&M) -3-
5. I have heard learned counsel for the parties and perused the relevant
material on record.
6. In view of the fact that the parties have amicably settled their dispute
and the petitioner has paid the entire amount to the respondent/complainant,
CRM No.13844 of 2024 is allowed and the offence under Section 138 of the N.I.
Act is hereby compounded.
7. Since, the application for compounding of offence is allowed, the
instant revision petition is also allowed and impugned judgments and order of
conviction are set aside.
8. Pending application, if any, stands disposed of.
(MANJARI NEHRU KAUL)
04.04.2024 JUDGE
Aman Dua
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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