Punjab-Haryana High Court
Sandeep Setia vs Rahul Grover And Anr on 19 March, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:040588
252 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
2024:PHHC:040588
CRR-1578-2023 (O&M)
Date of Decision:19.03.2024
SANDEEP SETIA
...Petitioner
VERSUS
RAHUL GROVER AND ANR
...Respondents
CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH
Present:- Mr. Shikant Mehta, Advocate for
Mr. Pankaj Bali, Advocate for the petitioner.
Mr. Viney Phogat, DAG, Haryana.
***
KARAMJIT SINGH, J. (Oral)
1. The present revision petition has been filed by the
petitioner/accused seeking setting aside of judgment dated 24.04.2023
passed by the Court of Additional Sessions Judge, Karnal whereby the
appeal filed by petitioner against judgment and order dated 14/17.09.2022
passed by the Court of Judicial Magistrate First Class, Karnal whereby
petitioner was convicted and sentenced to RI for 6 months and to pay
compensation worth Rs.3,00,000/- and in default of payment of
compensation within a period of one month to further undergo RI for one
month under Section 138 of Negotiable Instruments Act (in short NI Act),
was dismissed.
2. The brief facts of the case are that respondent No.1-Rahul
Grover filed Criminal Complaint No.3143 of 2018 under Section 138 of NI
Act against the petitioner on account of dishonour of cheque of Rs.
2,50,000/- dated 05.02.2018 issued by petitioner in his favour. On
completion of trial, petitioner was convicted and sentenced as is detailed
above vide judgment and order dated 14/17.09.2022. Being aggrieved
petitioner filed an appeal which was dismissed by the Court of Additional
Sessions Judge, Karnal vide judgment dated 24.04.2023. Still being not
satisfied petitioner filed the present revision petition.
3. During pendency of the revision petition, the counsel for both
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Neutral Citation No:=2024:PHHC:040588
CRR-1578-2023 (O&M) -2-
the parties made statement that matter has been compromised between the
parties and entire settled amount is paid by petitioner to respondent No.1. In
light of said statement, this Court vide order dated 01.09.2023 directed the
parties to appear before the Mediation and Conciliation Centre of this Court
on 18.09.2023 for the purpose of recording of their statements. In
compliance of the said order, the mediator submitted his report that matter
stands compromised and settlement deed is dated 18.09.2023. The said
report was taken on record along with settlement deed. The counsel for the
petitioner made statement that as per settlement, entire amount is already
paid to respondent No.1 by the petitioner.
4. Today, there is no representation on behalf of respondent No.1.
From the perusal of settlement deed dated 18.09.2023, it appears that matter
has been amicably settled between the parties and the parties mutually
agreed to withdraw the cases against each other including complaint case.
5. In the light of the above, it stands proved that parties have
entered into compromise and as such permission is given to compound the
offence punishable under Section 138 of NI Act in the present case. Criminal
complaint No.3143 of 2018 titled Rahul Grover Vs. Sandeep Setia and all
the consequential proceedings therein are ordered to be quashed, the offence
under Section 138 of NI Act having been compounded.
6. Consequently, the present petition is allowed and petitioner is
acquitted of an offence punishable under Section 138 of NI Act.
7. Pending application, if any, stands disposed of.
19.03.2024 (KARAMJIT SINGH)
Yogesh JUDGE
Whether speaking/reasoned:-Yes/No
Whether reportable:- Yes/No
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