Punjab-Haryana High Court
Manish Soni @ Babbu vs Raj Karan Singh on 16 April, 2024
Neutral Citation No:=2024:PHHC:051485
112 2024:PHHC:051485
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-16175-16176-2024 in/and
CRR-1100-2023 (O&M)
Date of Decision : 16.04.2024
MANISH SONI ALIAS BABBU .....Applicant/Petitioner
VERSUS
RAJ KARAN SINGH .....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Mukul Aggarwal, Advocate,
for the applicant/petitioner.
Mr. Anuj Dewan, Advocate,
for the respondent.
KULDEEP TIWARI. J.(Oral)
CRM-16175-2024
1. The application is allowed as prayed for subject to all just
exceptions and a photocopy of the demand draft is hereby, taken on
record as Annexure P-6.
CRM-16176-2024
2. Through the instant application, prayer is made for
compounding of offence, under the provisions of Section 147 of the
Negotiable Instruments Act, 1881.
3. The sentence, as imposed upon the petitioner by the learned
trial Court concerned, is extracted hereinafter:-
Offence Imprisonment Imprisonment in default
of payment of fine
Section 138 of the Simple imprisonment for 2 Simple imprionment for 2
Negotiable Instruments years, and compensation of years.
Act, 1881. Rs.6.00 lakhs to be paid to
complainant.
1 of 4
Neutral Citation No:=2024:PHHC:051485
CRR-1100-2023 (O&M) -2-
4. Learned counsel for petitioner submits that the petitioner is
ready and willing to pay the cheque amount, for which he has got
prepared a demand draft bearing No.352460, dated 28.03.2024,
amounting to Rs.6.00 lakhs, drawn in favour of respondent, a photocopy
of which is annexed as Annexure P-6.
5. He further submits that the petitioner has no objection in
case 20% of the compensation amount, which has already been deposited
with the learned appellate court concerned, be released in favour of the
respondent-complainant.
6. Notice in the application.
7. Learned counsel for the respondent accepts notice, and
accedes to the proposal the petitioner, and accepts the demand draft
(supra), on behalf of the respondent/complainant, as handed over by
learned counsel for the petitioner, today in the Court. He further submits
that, 20% of the compensation amount (supra), has already been released
to the respondent.
8. He extends no objection in case the offence for which the
petitioner has been convicted and sentenced, be compounded, and
judgement and order (supra), passed by the learned trial court concerned,
are set aside.
9. It is trite law that the offence committed under Section 138
of the Negotiable Instruments Act, 1881, can be compounded at any
stage.
10. In view of the above, the instant application is allowed.
2 of 4
Neutral Citation No:=2024:PHHC:051485
CRR-1100-2023 (O&M) -3-
CRR-1100-2023
11. Through the instant revision petition, the petitioner throws
challenge to the judgment of conviction dated 26.04.2017 and order of
sentence dated 27.04.2017, passed by the learned Judicial Magistrate Ist
Class, Sohana, and also challenges the judgment dated 05.04.2023,
passed by the learned first appellate Court concerned, upon filing the
statutory appeal by him, which was dismissed.
12. During the pendency of the instant petition the matter has
been amicably settled between the parties concerned, the application
under Section 147 Negotiable Instruments Act, 1881 (supra), moved by
the petitioner for compounding of offence, which has been allowed vide
aforesaid order.
13. Hence, as the offence has been compounded, with the
respondent/complainant and his grievance has been satisfied, the
judgment and order (supra) passed by the learned trial Court concerned
and that of the learned appellate court concerned, deserve to be set aside.
14. The Hon'ble Supreme Court in Shakuntla Sawhney (Mrs)
Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63, speaking through
Justice V.R. Krishna Iyer, has held as under:-
"4. ....The finest hour of justice arrives propitiously when parties,
despite falling apart, bury the hatchet and weave a sense of
fellowship or reunion....."
15. Be that as it may, keeping in view the fact that the dispute has
been amicably settled inter se the parties, inasmuch as, the petitioner has
made the entire payment of the settled amount to the respondent/
complainant, and that, the offence in question is compoundable, and that,
3 of 4
Neutral Citation No:=2024:PHHC:051485
CRR-1100-2023 (O&M) -4-
compounding can be allowed at any stage, this Court is constrained to
allow the instant petition.
16. Consequently, the instant revision petition is allowed, and,
the petitioner is acquitted of the charges/notice of accusation framed
against him. The impugned verdict of conviction dated 26.04.2017, and
order of sentence dated 27.04.2017, as passed by the learned Judicial
Magistrate 1st Class, Sohna, is set aside qua the petitioner. Moreover, the
impugned verdict dated 05.04.2023, whereby, the learned Additional
Sessions Judge, Gurugram, had upheld the conviction of the petitioner, is
also set aside qua him.
17. The petitioner is directed to be released from custody, if not
required in any other case. His bail bonds and surety bonds, if any, also
stand discharged.
18. All pending application(s), if any, also stands disposed of.
(KULDEEP TIWARI)
April 16, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
4 of 4
