Tirath Ram vs Rakesh Kumar And Another
2024 Latest Caselaw 13536 P&H

Citation : 2024 Latest Caselaw 13536 P&H
Judgement Date : 5 August, 2024

Punjab-Haryana High Court

Tirath Ram vs Rakesh Kumar And Another on 5 August, 2024

Author: Kirti Singh

Bench: Kirti Singh

                                 Neutral Citation No:=2024:PHHC:099720




CRR-1414
    1414-2024 (O&M)                                               - 1-

       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH
125

                                         CRR
                                         CRR-1414-2024 (O&M)
                                         Date of decision: 05.08.2024

Tirath Ram
                                                                   Petitioner
                                                                ...Petitioner
                                 Versus
Rakesh Kumar and another
                                                             ...Respondentss

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:-.   Mr. Paramjit Singh Bal,, Advocate for the petitioner.

             Mr. Madan Sandhu, Advocate for respondent No.1.

             Mr. Randhir Singh Thind, DAG, Punjab.

                    *****

KIRTI SINGH, J.(Oral)

CRM-30521 30521-2024

This application is for condonation of delay of 229 days in

preferring the petition.

For the reasons mentioned in the application, the same is

allowed. Delay of 229 days in filing the revision petition is condoned.

CRM-3052 30522-2024

Application is allowed as prayyed for.

CRR-1414 1414-2024

The present revision petition has been filed against the

judgment dated 13.09.2023 .2023 passed by the Additional Sessions Judge,

Ludhiana,, vide which the appeal preferred by the petitioner against the

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judgment of conviction and order of sentence dated 22.01.2020 passed by

the Judicial Magistrate, 1st Class, Khanna,, 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. No.047223 047223 for an

amount of Rs.1,10,000/-

Rs.1,1 in favour avour of the complainant which came to be

dishonoured. Pursuant thereto, the accused sent a legal notice on

02.11.2015 by registered post which was returned back by the accused accused.

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 simple simple imprisonment for a period of 01 year.. The accused was

also ordered to pay an amount of Rs.1,51,000/ Rs.1,51,000/- 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, Ludhiana,, which came to be dismissed on 13.09.2023.

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

19.07.2024 (Annexures P-1).

). 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 effected between the parties.

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6. The learned counsel for the 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 unsel for the parties.

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

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

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 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 Se Section ction 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' CRR 2019' has also held that once a

settlement has been effected, then in terms of Section 147 of the

Negotiable Instruments Act 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

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compromise/settlement between the parties dated 19.07.2024 (Annexure

P-1)) is already on record.

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