Paramjit Kaur vs Kanwaljit Singh
2024 Latest Caselaw 4669 P&H

Punjab-Haryana High Court

Paramjit Kaur vs Kanwaljit Singh on 1 March, 2024

                                                         Neutral Citation No:=2024:PHHC:029923




                                                       2024:PHHC:029923
CRM-9325-2024 in/and
CRR-290-2024 (O&M)                                                         --1--


  135 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                             CHANDIGARH

                                    CRM-9325-2024 in/and
                                    CRR-290-2024 (O&M)
                                    DATE OF DECISION:-01.03.2024


Paramjit Kaur                                                   ...Petitioner.

                              vs.

Kanwaljit Singh                                                 ...Respondent..


CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr. Vivek Singla, Advocate for the petitioner.

          ***

HARKESH MANUJA, J. (Oral)

CRM-9325-2024

Prayer in this application is for restoration of main Criminal

Revision No.290-2024, which was ordered to be dismissed as withdrawn on

12.02.2024.

Notice of the application.

Mr. Kanwaljit Singh, Advocate, who is present in Court accepts

notice on behalf of the respondent and raises no objection to the application.

I have heard learned counsel for the parties and gone through the

paper book.

A perusal of the application shows that the revision petition was

withdrawn on account of some miscommunication between the petitioner

and her counsel, who could not apprise the counsel about the fact that the

compromise was executed between the parties and amount due towards the

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respondent-complainant already stood paid by the petitioner in terms of

compromise dated 06.02.2024.

The aforesaid fact has not been disputed by learned counsel for

the respondent-complainant, who even admitted having received the due

amount on 06.02.2024.

In view of the aforesaid, application is allowed. Resultantly, order

dated 12.02.2024 is hereby recalled and the main case is restored to its

original number and is taken up today for final hearing.

CRM-9329-2024

Application is allowed as prayed for. Compromise (Annexure A-

2) is taken on record.

CRM-6466-2024

Prayer in this application is for condonation of delay in filing the

criminal revision petition.

Notice of the application.

Mr. Kanwaljit Singh, Advocate, who is present in Court accepts

notice on behalf of the respondent and raises no objection to the application.

Having heard learned counsel for the parties and gone through the

contents of the application, the same makes out sufficient cause for

condoning the delay.

Accordingly, application is allowed and delay of 80 days in filing

the criminal revision petition is condoned.

Main case

1. Challenge in the present revision petition is to the judgment dated

22.08.2023 passed by the court of learned Sessions Judge, Bathinda,

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whereby the appeal filed against the judgment of conviction and order of

sentence dated 07.12.2021 passed by learned Judicial Magistrate Ist Class,

Bathinda, stood dismissed.

2. The facts of the case are that on account of dishonour of cheque

bearing No.003165 dated 03.10.2018 of Axis Bank, Branch Jassi Bag Wali,

District Bathinda, amounting to Rs.4,00,000/-, a complaint under Section

138 of the Negotiable Instrument Act, 1881 (for short, "1881 Act") came to

be filed at the instance of respondent-complainant against the petitioner.

3. On the basis of the evidence recorded, learned Trial Court vide

judgment/order dated 07.12.2021, convicted the petitioner under Section

138 of the NI Act and sentenced her to undergo rigorous imprisonment for a

period of 01 year & 06 months, besides compensation of Rs.4,00,000/-

along with interest @ 9% per annum from the date of issuance of cheque in

question and in default of payment of compensation to further undergo

simple imprisonment for 01 month.

4. Aggrieved thereof, the petitioner filed first appeal before the court

of Sessions Judge, Bathinda, which was dismissed vide judgment dated

22.08.2023, thereby upholding the judgment of conviction and order of

sentence passed by the trial Court.

5. While assailing the aforesaid judgments passed by both the Courts

below, learned counsel for the petitioner submits that during the pendency

of present revision petition, better sense has prevailed and the petitioner has

discharged her liability towards respondent-complainant, which fact has

even been admitted by the learned counsel representing respondent-

complainant.

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6. I have heard learned counsel for the parties and gone through the

paper-book.

7. A conjoint reading of Section 138 read with Section 147 of the

1881 Act, makes it clear that every offence punishable under 1881 Act is

compoundable. Section 147 of the aforesaid Act is reproduced hereunder for

reference:-

"147 Offences to be compoundable. -- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable."

Applying the aforesaid proposition to the facts and circumstances

of the present case, the petitioner having settled the dispute with the

respondent-complainant having made the entire payment, offence under

Section 138 of the NI Act, thus, stands compounded. The aforesaid view is

mainly dervied from the proposition of law laid down by the Hon'ble

Supreme Court in case of "Ghanshyam Gautam and another vs. Usha

Rani (since deceased) thr. Lrs., passed in Criminal Appeal No.65 of 2024,

SLP Crl. No.3289-2018, decided on 04.01.2024.

8. Furthermore, following the law laid down by the Hon'ble

Supreme Court in case of "B.V. Seshaiah Vs. The State of Telangana &

Anr., 2023(1)R.C.R. (Criminal) 831" the compounding of offence has to be

followed by setting aside of conviction order passed by the Courts below.

Reference may be made to Paragraph Nos. 10-13 thereof, which

are reproduced hereunder:-

10. "In the case of M/s Meters and Instruments Private Limited & Anr. Vs. Kanchan Mehta, this Court

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held that the nature of offence under Section 138 of the N.I. Act is primarily related to a civil wrong and has been specifically made a compoundable offence. The relevant paragraph of the judgment has been extracted herein:

'This Court has noted that the object of the statute was to facilitate smooth functioning of business transactions. The provision is necessary as in many transactions cheques were issued merely as a device to defraud the creditors. Dishonour of cheque causes incalculable loss, injury and inconvenience to the Vide the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 payee and credibility of business transactions suffers a setback. At the same time, it was also noted that nature of offence under Section 138 primarily related to a civil wrong and the 2002 amendment specifically made it compoundable.'

11. This is a very clear case of the parties entering into an agreement and compounding the offence to save themselves from the process of litigation. When such a step has been taken by the parties, and the law very clearly allows them to do the same, the High Court then cannot override such compounding and impose its will.

12. It must also be noted that the respondent No.2 was duty-bound to file a compromise petition before the High Court, and by not doing the same has withdrawn key information from the High Court, which has led to an unwarranted confirmation of the Appellants' conviction.

13. We, therefore, allow these Appeals and set aside the order of conviction passed by the trial Court.

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It is, however, kept open to the parties to settle their dispute as per the terms of the Memorandum of Understanding."

9. In view of the discussion made hereinabove and in order to give a

complete quietus to the litigation, the present revision petition is accepted.

The petitioner having admittedly discharged her liability towards the cheque

in question, the judgments of conviction and orders of sentence passed by

both the Courts below are hereby set aside, resulting into acquittal of the

petitioner, subject to deposit of Rs.10,000/- with the Poor Patient Welfare

Fund, PGIMER, Chandigarh within a period of 15 days from the date of

receipt of certified copy of this order.

01.03.2024                                           (HARKESH MANUJA)
sonika                                                   JUDGE

          whether speaking/reasoned: Yes/No
          whether reportable:        Yes/No

Neutral Citation No:=2024:PHHC:029923

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