Punjab-Haryana High Court
Raminder vs M/S Kotak Mahindra Bank Ltd on 18 March, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:038798
CRR-29-2023 [1] 2024:PHHC:038798
249
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR-29-2023
Date of decision: 18.03.2024
Raminder
...Petitioner
Versus
M/s Kotak Mahindra Bank Limited
...Respondent
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
Present: Mr. Parveen Kumar Garg, Advocate for the petitioner.
Mr. Arun K. Vasudeva, Advocate for
Mr. Inderjeet Singh, Advocate for the respondent Bank.
****
KARAMJIT SINGH, J. (ORAL)
1. The present revision petition has been filed by the petitioner/
accused seeking setting aside of judgment dated 07.12.2022 passed by the
Court of Additional Sessions Judge, Chandigarh whereby the appeal filed by
petitioner against judgment and order dated 01.06.2017 passed by the Court
of Judicial Magistrate Ist Class, Chandigarh, whereby petitioner was
convicted and sentenced to RI for one year and to pay compensation of
Rs.1,96,529/- under Section 138 of Negotiable Instruments Act (for brevity
NI Act), was dismissed.
2. The brief facts of the case are that respondent bank filed
criminal complaint No. 2731/ 2016 under Section 138 NI Act against the
petitioner on account of dishonor of cheque of Rs.Rs.1,96,529/- dated
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20.10.2014 issued by the petitioner in its favour. On completion of trial, the
petitioner was convicted and sentenced as is detailed above vide, judgment
and order dated 01.06.2017. Being aggrieved, petitioner filed appeal which
was also dismissed by the Court of Additional Sessions Judge, Chandigarh
vide judgment dated 07.12.2022. Still being not satisfied petitioner filed the
present revision petition.
3. During the pendency of the revision petition, the parties
effected compromise and as such both the parties were directed to appear
before the Illaqa Magistrate/trial Court concerned vide order dated
24.02.2023. In compliance of the said order, the parties got recorded their
statement and report to this effect is also received from the Court concerned.
From the perusal of the aforesaid statements coupled with the report
submitted by the Court concerned, it appears that the parties have settled
their dispute.
4. Today, counsel for respondent bank stated at bar that the entire
settled amount has been paid by the petitioner to the respondent bank and
now nothing is due against the petitioner and the respondent bank is having
no objection if offence under Section 138 NI Act is compounded and
petitioner is acquitted. The counsel for the petitioner has also admitted the
factum of compromise and made prayer that offence punishable under
Section 138 NI Act be compounded in the present case.
5. In the light of the above, it stands proved that the matter has
been compromised between the parties and as such the parties are permitted
to compound the offence under Section 138 of the Act in aforesaid criminal
complaint No. 2731/2016 titled M/s Kotak Mahindra Bank Limited Vs.
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Raminder. The aforesaid criminal complaint and all the consequential
proceedings therein are ordered to be quashed, the offence under Section
138 of the Act having been compounded.
6. Consequently, the present petition is allowed and petitioner is
acquitted of an offence punishable under Section 138 NI Act.
18.03.2024 (KARAMJIT SINGH)
Yogesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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