Punjab-Haryana High Court
Parveen Kumar vs Sandeep Kumar And Another on 15 May, 2024
Neutral Citation No:=2024:PHHC:067943
114 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR-976-2024 (O&M)
Date of Decision: May 15, 2024
Parveen Kumar ...Petitioner
Versus
Sandeep Kumar and another ...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Anil Kumar Sharma, Advocate for the petitioner.
DEEPAK GUPTA, J.(Oral)
In the complaint case titled as "Sandeep Kumar v. Parveen
Kumar", filed by respondent No.1 - Sandeep Kumar, accused - Parveen
Kumar (now petitioner) was convicted by learned Judicial Magistrate 1st
Class, Rewari, under Section 138 of the Negotiable Instruments Act, 1881
(for short 'the N.I. Act'), vide judgment dated 06.06.2022. Vide a separate
order dated 07.06.2022, he was sentenced to undergo imprisonment for a
period of 18 months and also to pay compensation amount of `17 lacs.
Appeal, filed against the aforesaid judgment of conviction and order of
sentence was dismissed by the Court of Sessions on 04.05.2024 and the
petitioner was taken into custody.
2. Against the aforesaid conviction and sentence recorded by the
Trial Court and as affirmed by the Court of Sessions, present revision has
been filed. However, after affirmation of the conviction by the Appellate
Court, parties have reached at a compromise. Prayer is now made by the
petitioner so as to set aside the impugned judgments passed by the Courts
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below and to acquit the petitioner by granting permission to compound the
offence. The compromise has been placed on record as Annexure P-2.
3. Notice of motion.
4. Mr. J.P. Sharma, Advocate has appeared and filed his power of
attorney on behalf of respondent No.1-complainant.
5. Learned counsel for respondent No.1 - complainant concedes
the factum of the compromise and has no objection to set aside the
impugned judgment of conviction and order of sentence and to acquit the
petitioner, by granting permission to compound the offence. Learned counsel
also concedes that the entire amount as per the settlement/compromise has
already been received by respondent No.1 - complainant.
6. Offence under Section 138 of the N.I. Act is compoundable in
nature. The compounding can be permitted at any stage.
7. Learned counsel for the petitioner has also referred to "Ashok
Kumar v. State of Haryana and another", Law Finder Doc Id # 1686839
rendered by this Court, as per which the compromise not only brings peace
and harmony between the parties to a dispute, but also restores tranquility in
society and even if the matter is settled between the parties in a case under
Section 138 of the N.I. Act after concurrent findings, necessary permission
should be granted to compound the offence.
8. In view of the aforesaid facts and circumstances, the present
revision petition is allowed. The impugned judgment of conviction and order
of sentence as recorded by the Trial Court and as affirmed by the Appellate
Court, are hereby set aside, by granting necessary permission to compound
the offence. The compounding of the matter will have the effect of
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acquittal within the meaning of Section 320(8) Cr.P.C. The petitioner, who is
in custody is directed to be released immediately, if not required in any other
case.
May 15, 2024 (DEEPAK GUPTA)
sarita JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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