Punjab-Haryana High Court
Jaswinder Singh vs State Of Punjab And Another on 12 March, 2024
Author: Sudeepti Sharma
Bench: Sudeepti Sharma
2024:PHHC:035946
CRR- 2850-2023 (O&M)
-1-
251
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR- 2850-2023 (O&M)
Date of Decision : 12.03.2024
Jaswinder Singh ....Petitioners
VERSUS
State of Punjab and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. Abhishek Lubana, Advocate for the petitioner.
Mr. Neeraj Madan, Sr. DAG, Punjab.
Mr. Rajesh Kumar, Advocate for respondent No.2.
-.-
SUDEEPTI SHARMA, J. (Oral)
1. On 12.12.2023, this Court passed the following order:-
"CRM-52219-2023
Application for placing on record copy of compromise deed and
affidavit of complainant/respondent No.2 as Annexures P-1 & P-2
respectively.
Allowed as prayed for subject to all just exceptions. Annexures
P-1 & P-2 are taken on record. Registry to tag the same at
appropriate place.
CRR-2850-2023 (O&M)
Contends, inter alia, that matter has been compromised
between the parties.
(2) Notice of motion.
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CRR- 2850-2023 (O&M)
(3) Mr. Joginder Pal Ratra, Sr. DAG, Punjab, accepts notice on
behalf of respondent No.1-State.
(4) Mr. Rajesh Kumar, Advocate, causes representation on behalf
of respondent No.2 and acknowledged the factum of compromise
between the parties.
(5) Requisite number of copies of the petition be supplied to
learned Counsel for the respondents during the course of day.
(6) Petitioner shall file his affidavit that there is no other criminal
case(s) pending against him and also give the details of any other
FIR(s), already quashed on the basis of compromise.
(7) In view of the above, let parties appear before the Court of
learned Illaqa Magistrate/trial Court on or before 24.01.2024 for
recording their statement(s) with reference to the compromise, if any,
entered into between them.
(8) Learned Illaqa Magistrate/trial Court shall record the
statement(s) of all accused, complainant/injured and victim, if any,
and submit a report to this Court before the next date of hearing
containing the following information:-
(i) Whether the statements of the parties are bona fide and not
result of any pressure or coercion etc. in any
manner?
(ii) Whether the compromise effected between the parties is
genuine and valid?
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CRR- 2850-2023 (O&M)
(iii) Whether all the accused, complainant and injured are
party to the compromise and if not, the details/particulars of
such person(s)?
(iv) Whether any other case is pending against either of the
parties or not, if yes, the details thereof?
(v) Whether any of the persons involved in this case/dispute has
been declared a proclaimed offender?
(vi) Whether any of the petitioner(s) is/are previous convict or
not?
(9) List before this Court on 12.03.2024 for further consideration.
(10) Till the next date of hearing, sentence imposed upon the
petitioner shall remain stayed.
(11) Meanwhile, learned State Counsel shall also get the
instructions in the matter as to whether the State has any objection?
(12) Copy of this order be sent to learned Judicial Officer concerned
forthwith for information and strict compliance.
2. In compliance of order dated 12.12.2023, a report has been received
from Judicial Magistrate Ist Class, Abohar, which is reproduced as under:-
" In accordance with the directions of Hon'ble Punjab and
Haryana High Court in afore cited criminal Misc. petition the
undersigned has taken up the papers of case titled as Madav Vs.
jaswinder Singh, CRM-95-2023 under Section 138 of NI Act, on dated
22.12.2023 for recording the statements of parties qua alleged
compromise. The said case was filed by the complainant Madav
against accused namely Jaswinder Singh for dishonour of cheque.
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CRR- 2850-2023 (O&M)
2. The complainant Madhav vide his separate statement as
recorded before the Court has stated that a complaint under Section
138 of NI Act was filed by him against accused Jaswinder Singh.
However, he has compromised with accused named above with his
free will and without any pressure. Now the complainant Madhav has
no objection if accused named above who has filed the above said
petition is acquitted/discharged and the petition filed by him is
accepted by the Hon'ble Punjab and Haryana High Court. On the
other hand, accused Jaswinder Singh vide his separate statement as
recorded before the Court, have admitted the statement of the
complainant to be correct and stated that petition may kindly be
accepted. The complainant Madhav has been identified by his
counsel Sh. Amritpal Singh Tinna, Advocate while accused has been
identified by his counsel Sh. Ravi Kumar, Advocate. Besides, they
have also placed on record their respective ID cards and also placed
on record copy of compromise deed as Ex.CX and copy of affidavit of
complainant as Ex.CY.
3. In the said back ground keeping in view the statements so
suffered by the complainant as well as accused, it seems that the
compromise so effected between the parties is genuine, voluntary and
without any coercion or undue influence and the statements of the
parties are bona fide and no result of any pressure or coercion etc. in
any manner and further only accused and complainant are the parties
to the above said complainant and to compromise. It is worthwhile to
mention here that the present case is complainant under Negotiable
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CRR- 2850-2023 (O&M)
Instrument Act and there is no injured person in this case. No other
case is pending against either of the parties. No person of the above
said complaint is declared proclaimed offender as stated by the
parties in their respective statements and petitioner/accused is not the
previous convict except in the above said complaint. Hence this
report."
3. Hon'ble Supreme Court of India in B.V. Seshaish Vs. The State of
Telangana & Anr. [2023(1) R.C.R (Criminal) 831] has held as under:-
"8. In our view, the terms and conditions of the settlement entered
into by the parties binds them to settle the dispute amicably, or
through an arbitration as has been stated in clause 8 of the
Memorandum of Understanding.
9. In such a circumstance, the Appellants cannot be convicted on
the basis of the orders passed by the courts below, as the settlement is
nothing but a compounding of the offence.
10. In the case of M/S Meters and Instruments Private Limited &
Anr. v. Kanchan Mehta 2018 (1) SCC 560, this court 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. Dishonor of
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CRR- 2850-2023 (O&M)
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."
4. In view of above, order dated 03.10.2023 passed by the learned
Sessions Judge, Fazilka and judgment and order of sentence dated 23.01.2023
passed by the learned Judicial Magistrate, First Class Abohar, Fazilka, are set
aside.
5. The present revision petition is accordingly allowed. Pending
applications, if any, also stand disposed off.
March 12, 2024 (SUDEEPTI SHARMA)
tripti JUDGE
Whether speaking/non-speaking : Speaking
Whether reportable : Yes/No
