Manoj Vasudev vs Darbi Print Pack And Ors
2024 Latest Caselaw 8789 P&H

Citation : 2024 Latest Caselaw 8789 P&H
Judgement Date : 25 April, 2024

Punjab-Haryana High Court

Manoj Vasudev vs Darbi Print Pack And Ors on 25 April, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                Neutral Citation No:=2024:PHHC:056665




                                                          2024:PHHC:056665
CRR-1230-2016 (O&M)
                                                                            -1-

201A
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

                                                     CRR-1230-2016 (O&M)
                                                  Date of Decision: 25.04.2024
MANOJ VASUDEV
                                                                  ... Petitioner
                                        Versus
DARBI PRINT PACK & OTHERS
                                                                ...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:    Mr. Akshay Jain, Advocate
            for the petitioner.

            Mr. Anhit Choudhari, Advocate for
            Mr. PIP Singh, Advocate
            for respondent No.1.

          Ms. Ramta K Chaudhary, DAG, Punjab
          for respondent No.2.
                            ****
JASJIT SINGH BEDI, J (Oral)

The present revision petition has been filed against the judgment

dated 11.03.2016 passed by the Additional Sessions Judge, Patiala, vide

which the appeal preferred by the petitioner against the judgment of

conviction and order of sentence dated 01.06.2015 passed by the Sub-

Divisional Judicial Magistrate, Rajpura, has been dismissed.

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

liability, the petitioner/accused issued a cheque bearing No.611249 dated

06.07.2013 for an amount of Rs.1,61,061/- in favour of respondent No.1-

complainant which came to be dishonoured. Pursuant thereto, the

accused/petitioner came to be summoned under the provisions of the 138 of

the Negotiable Instruments Act, 1881 vide order dated 01.06.2015 passed by

the Sub Divisional Judicial Magistrate, Rajpura.

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3. The evidence was led and ultimately, the accused/petitioner was

held guilty and accordingly, convicted for the offence punishable under

Section 138 of the Negotiable Instruments Act, 1881 and sentenced to

undergo simple imprisonment for a period of 01 year and 06 months. The

accused/petitioner was also ordered to pay an amount of Rs.500/- as

compensation to respondent No.1/complainant.

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

sentence, the accused preferred an appeal before the Additional Sessions

Judge, Patiala, which came to be dismissed on 11.03.2016.

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 02.11.2023 before

the Mediation and Conciliation Centre of this Court in furtherance of which

payment has been made to the respondent No.1-complainant of Rs.1,61,061/-

and Rs.24,160/-. 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.

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.

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

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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

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 02.11.2023 is already on

record.

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