Punjab-Haryana High Court
Satinder Singh Sidhu vs State Of Punjab And Another on 10 January, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:002962
CRR-3129-2019 (O&M) [1] 2024:PHHC:002962
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR-3129-2019 (O&M)
Date of decision: 10.01.2024
Satinder Singh Sidhu
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
Present: Mr. T.S. Sullar, Advocate for the petitioner.
Mr. Mohit Kapoor, Addl. A.G. Punjab.
Mr. J.S. Chhibber, Advocate for the complainant.
****
KARAMJIT SINGH, J. (ORAL)
1. The petitioner has filed the revision petition challenging the
judgment dated 28.07.2014 passed by the Court of Judicial Magistrate, Ist
Class, Nabha whereby the petitioner was convicted and sentenced to
rigorous imprisonment for a period of 1 year and to pay a fine of Rs.3,000/-
and in default of payment of fine to further undergo simple imprisonment
for a period of 15 days under Section 138 of Negotiable Instruments Act in
criminal complaint titled Devinder Singh Vs. Satinder Singh Sidhu and
judgment dated 04.08.2015 passed by the Court of Additional Sessions
Judge, Patiala whereby the appeal filed by the petitioner against the
aforesaid judgment and order of the learned trial Court, was dismissed.
2. Being aggrieved, the petitioner has filed the revision petition.
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3. During the pendency of the present revision petition, the matter
was referred to Mediation and Conciliation Center of this Court, as there
were chances of amicable settlement between the parties.
4. Today, the counsel for the parties are ad idem that the matter
stands compromised between the parties in mediation proceedings and that
the concerned settlement deed is dated 21.12.2023, as per which the
petitioner is to make payment of Rs.45,000/- to respondent No.2 as a full
and final settlement of the dispute between the parties. The aforesaid
settlement deed is bearing signatures of both the parties and is ordered to be
taken on record.
5. The petitioner who has appeared in the Court along with his
counsel, handed over demand draft of Rs.45,000/- dated 10.01.2024 to the
counsel for the complainant in compliance with the terms and conditions of
the aforesaid settlement deed. The said demand draft has been accepted by
the counsel for the complainant who further made statement that now
nothing remains due against the petitioner and that the offence under
Section 138 NI Act be compounded in the light of the aforesaid settlement.
6. Thus, it is clear that the parties have settled their dispute by
way of compromise and accordingly permission is hereby granted to the
parties to compound the offence punishable under Section 138 of
Negotiable Instruments Act. Having regard to the facts and circumstances of
the case, the condition of depositing some percentage of the amount of
disputed cheque as per the law laid down in Damodar S. Prabhu Vs.
Sayed Baba Lal H. (2010) 5 SCC 663, is hereby waived in the interest of
justice.
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7. Consequently, the present revision petition is allowed and the
impugned judgment and order passed by the learned trial Court and
affirmed by the appellate Court are set aside. The complaint filed by the
respondent under Section 138 of Negotiable Instruments Act is dismissed
and the petitioner stands acquitted.
8. Pending applications, if any, stand disposed of.
10.01.2024 (KARAMJIT SINGH)
Yogesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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