Punjab-Haryana High Court
Snehdeep Rajpal vs State Of Haryana And Another on 6 August, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:101689
CRR-2795-2019(O&M) #1#
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRR-2795-2019(O&M)
Date of Decision:-06.08.2024
Snehdeep Rajpal.
......Petitioner.
Vs.
State of Haryana & Anr.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Nirmal Singh, Advocate for the Petitioner.
Mr. Deepak Grewal, Deputy Advocate General, Haryana.
Mr. R.N. Lohan, Advocate for the respondent no.2.
***
JASJIT SINGH BEDI, J.(ORAL)
The present revision petition has been filed against the
judgment dated 26.09.2019 passed by the Additional Sessions Judge, Karnal
vide which the appeal preferred by the petitioner against the judgment of
conviction and order of sentence dated 04.03.2016 passed by the Judicial
Magistrate, 1st Class, Karnal 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.208021 for an
amount of Rs.8,00,000/- in favour of the complainant which came to be
dishonoured. Pursuant thereto, the accused came to be summoned under the
provisions of the 138 of the Negotiable Instruments Act, 1881 vide order
passed by the JMIC, Karnal.
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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
rigorous imprisonment for a period of 01 year. The accused was also ordered
to pay an amount of Rs.8,30,000/- 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, Karnal, which came to be dismissed on 26.09.2019.
5. Still aggrieved, the present revision petition has been preferred
by the accused. During the pendency of the present criminal revision
petition, an oral compromise has been arrived at between the parties. 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 the complainant has accepted the
factum of the compromise and has stated that he has no objection if the
offence is compounded and the petitioner is acquitted of the charges framed
against him as against the cheque amount of Rs.8,00,000/-, the settlement
has been arrived at for an amount of Rs.10,00,000/-.
7. I have heard the learned counsel for the parties.
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
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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. decidedon
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 on the
basis of an oral compromise/settlement between the parties.
11. In view of the above, since, the parties have voluntarily settled
the disputes between themselves, it is a fit case for allowing them to
compound the offence.
12. In view of the above, the present revision petition is allowed
and subject to a deposit of Rs.20,000/- as cost with the Sadhna Society for
the Mentally Handicapped, Near Housing Board Chowk, Raen Basera
Building, Manimajra, Sector 13, Chandigarh the judgment dated 26.04.2023
passed by the Additional Sessions Judge, Karnal and the judgment of
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conviction and order of sentence dated 01.10.2019 passed by the Judicial
Magistrate, 1st Class, Karnal are hereby set aside. The petitioner is acquitted
of the charges under Section 138 of the Negotiable Instruments Act.
( JASJIT SINGH BEDI )
JUDGE
August 06, 2024
Vinay
Whether speaking/reasoned Yes
Whether reportable Yes
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