Punjab-Haryana High Court
Daljit Singh vs Gurinder Bir Singh on 9 April, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:048513
CRR-1809-2023 (O&M) [1] 2024:PHHC:048513
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR-1809-2023 (O&M)
Date of decision: 09.04.2024
Daljit Singh ...Petitioner
Versus
Gurinder Bir Singh ...Respondent
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
Present: Mr. Sukhdeep Singh, Advocate for
Mr. ADS Sukhija, Advocate for the petitioner.
Mr. Amandeep Singh Sandhu, Advocate
for the complainant/respondent.
Both the parties in person.
****
KARAMJIT SINGH, J. (ORAL)
1. The present revision petition has been filed by the petitioner/
accused seeking setting aside of judgment dated 04.02.2020 passed by the
Court of Additional Sessions Judge, Patiala whereby the appeal filed by
petitioner against judgment and order dated 14.10.2019 passed by the Court
of Judicial Magistrate Ist Class, Patiala, whereby petitioner was convicted
and sentenced to RI for one year and to pay a compensation of Rs.3 lac
along with simple interest at rate of 9% per annum from the date of issuance
of cheque till its realization and in case of default of payment of
compensation to further undergo simple imprisonment for period of 3
months under Section 138 NI Act, was dismissed.
2. The brief facts of the case are that petitioner issued a cheuqe
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Neutral Citation No:=2024:PHHC:048513
CRR-1809-2023 (O&M) [2] 2024:PHHC:048513
bearing number 461194 dated 18.04.2016 worth Rs.3 lac in name of
respondent, in lieu of his outstanding liability. On presentation, the said
cheque was dishonored and then on completion of all the formalities, the
respondent filed complaint under Section 138 NI Act and on conclusion of
trial, petitioner was convicted and sentenced to imprisonment and to pay a
compensation as has been detailed in the opening paragraph of present
judgment.
3. Being aggrieved, petitioner filed appeal which was also
dismissed by the Court of Additional Sessions Judge, Patiala vide judgment
dated 04.02.2020. Still being not satisfied petitioner filed the present
revision petition.
4. During the pendency of the revision petition, the matter was
compromise between the parties and as per said settlement deed Annexure
A-4, the petitioner was to pay amount of Rs.3,60,000/- in total to the
respondent/complainant. Today, respondent appeared in person and made
statement that he has received the entire settled amount worth Rs.3,60,000/-
and he further stated that he is having no objection if offence punishable
under Section 138 NI Act is compounded and the petitioner is acquitted.
Even the petitioner has admitted factum of compromise and made prayer
that the present petition be allowed.
5. Offence punishable under Section 138 NI Act is
compoundable. It appears that in the present case, parties have settled their
dispute with regard to dishonor of cheque in question. In the given
circumstances, permission is hereby given to the parties to compound an
offence punishable under Section 138 NI Act in the present case.
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Consequently, the petitioner deserves to be acquitted of an offence
punishable under Section 138 NI Act.
6. For the foregoing reasons, the present petition is allowed and
petitioner is acquitted of an offence punishable under Section 138 NI Act.
7. Pending applications, if any, stand disposed of.
09.04.2024 (KARAMJIT SINGH)
Yogesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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