Punjab-Haryana High Court
Sonu vs Sharwan Kumar And Anr on 20 March, 2024
Neutral Citation No:=2024:PHHC:048055
2024:PHHC:048055 CRR-2822-2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
117 CRR-2822-2019
Date of decision: 20.03.2024
Sonu ...Petitioner
vs.
Sharwan Kumar and anr. ...Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Gourav Jain, Advocate
for the petitioner.
Mr. Jagjit Singh, Advocate
for respondent No. 1
Mr. Bhupender Singh, D.A.G, Haryana.
***
KULDEEP TIWARI. J.
1. The instant revision petition has been filed challenging the
judgment of conviction dated 18.05.2016, passed by learned trial Court
whereby, the petitioner has been convicted for the offence punishable under
Section 138 of Negotiable Instruments Act, 1881, and was sentenced vide
order dated 24.05.2016, to undergo simple imprisonment for a period of one
year and to pay a compensation to the tune of cheque amount of Rs.75,500/-
to the complainant.
2. In addition, the petitioner has also assailed the verdict of
conviction dated 05.10.2019, whereby, the learned Additional Sessions
Judge concerned has dismissed the statutory appeal filed by the petitioner,
against the verdict of conviction and order of sentence (supra).
3. During the pendency of the instant revision petition, both the
parties were ad idem that the matter can be settled in case the same is sent to
the Mediation and Conciliation Centre of this Court. This Court, vide order
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2024:PHHC:048055 CRR-2822-2019
dated 07.02.2024, directed the parties to cause their appearance before the
Mediation and Conciliation Centre of this Court. In the Mediation
proceeding, the matter was finally settled inter-se the parties with the
following terms and conditions:-
"a) It is agreed/settled between the parties that certain sum of
Rs.75,500/- (seventy five thousand and five hundred) has already
been paid by the first party to the second party.
(b) That now both the parties have agreed that their all disputes
amongst each other have now been settled and they will be bound
to make their respective statements for withdrawing all their
litigations filed by them against each other from the respective
Courts.
c) That both the parties have also agreed that they will not file
any Civil or Criminal litigation against each other in future with
regard to the present dispute. All the disputes between the parties
are settled as now after handing over the abovesaid demand draft
to the second party, no further amount is due of the second party
to the first party.
d) Both the parties have mutually agreed to withdraw the cases, if
any, filed against each other and any other complaint/case filed
by either of the parties before any court of law or any authority
shall be deemed to be withdrawn in view of this
Settlement/Agreement by the respective party."
4. Today, learned counsel for the petitioner submits that all the
terms and conditions of the compromise has now been complied with,
therefore, the instant offence may be compounded.
5. Learned counsel for respondent No. 1, has admitted the factum
of compromise, and also admit, that the entire payment has been made and
nothing is due towards the petitioner. He has no objection if the offence as
involved in the instant petition are compounded.
6. Since the petitioner has been convicted under Section 138 of
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2024:PHHC:048055 CRR-2822-2019
Negotiable Instruments Act, which is a compounable offence, therefore, the
offence can be compounded at any stage of the trial.
7. This Court has heard learned counsel for both the parties
concerned and have gone through the entire file record with their able
assistance.
8. The Hon'ble Supreme Court in Shakuntla Sawhney (Mrs) Vs.
Kaushalya (Mrs.) and others (1980) 1 SCC 63, speaking through Justice
V.R. Krishna Iyer, has held as under:-
"4. ....The finest hour of justice arrives propitiously when
parties, despite falling apart, bury the hatchet and weave a
sense of fellowship or reunion....."
8. Be that as it may, keeping in view the fact that, the dispute has
been amicably settled inter se the parties, inasmuch as, the petitioner has
made the entire payment of the cheque amount along with interest to the
respondent, and that, the offence in question is compoundable, and that,
compounding can be allowed at any stage, this Court is constrained to allow
the instant petition.
9. Consequently, the instant revision petition is allowed, and, the
petitioner is acquitted of the charges/notice of accusation framed against
him. The impugned verdict of conviction dated 18.05.2016, and order of
sentence dated 24.05.2016, as passed by the learned Judicial Magistrate 1st
Class, Hisar, is set aside. Moreover, the impugned verdict dated 05.10.2019,
whereby, the learned Additional Sessions Judge, Hisar, had upheld the
conviction of the petitioner, is also set aside.
10. However, since the petitioner has remained absent for a
considerable period of time and kept fleeing from clutches of law, this Court
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burdens him with costs of Rs.20,000/- to be forthwith deposited with the
District Legal Services Authority, Hisar.
11. All pending application(s) stand disposed of accordingly.
(KULDEEP TIWARI)
JUDGE
20.03.2024
G Arora
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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