Punjab-Haryana High Court
Pritam Singh vs Surinder Singh And Anr on 2 May, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:060913
CRR-1002-2020 [1] 2024:PHHC:060913
110
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR-1002-2020 (O&M)
Date of decision: 02.05.2024
Pritam Singh ...Petitioner
Versus
Surinder Singh and Another ...Respondents
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
Present: Mr. Ashish Bakshi, Advocate for the petitioner.
Mr. Ankush Rampal, Advocate for respondent No.1.
Mr. J.S. Dhaliwal, AAG, Punjab.
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KARAMJIT SINGH, J. (ORAL)
1. The present revision petition has been filed by the petitioner/
accused seeking setting aside of judgment dated 21.01.2020 passed by the
Court of Additional Sessions Judge, Ludhiana whereby the appeal filed by
petitioner against judgment and order dated 14.08.2018 passed by the Court
of Judicial Magistrate Ist Class, Ludhiana, whereby petitioner was convicted
and sentenced to RI for two years and to pay compensation worth Rs.1 lac
under Section 138 of Negotiable Instruments Act (for brevity NI Act), was
dismissed.
2. The brief facts of the case are that respondent No.1 filed
criminal complaint No. 1850/2015 under Section 138 NI Act against the
petitioner on account of dishonor of cheque of Rs.1 lac. On completion of
trial, the petitioner was convicted and sentenced as is detailed above vide
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Neutral Citation No:=2024:PHHC:060913
CRR-1002-2020 [2] 2024:PHHC:060913
judgment and order dated 14.08.2018. Being aggrieved, petitioner filed
appeal which was also dismissed by the Court of Additional Sessions Judge,
Ludhiana vide judgment dated 21.01.2020. Still being not satisfied petitioner
filed the present revision petition.
3. As the parties showed their intention to settle the dispute in an
amicable manner, matter was referred to the Mediation and Conciliation
Center of this Court and the matter was settled during mediation proceedings
and parties executed settlement agreement dated 16.03.2023 which is taken
on record. From the perusal of the said settlement agreement, it appears that
the parties compromised the matter for a sum of Rs.35,000/- which was paid
in seven equal installments of Rs.5,000/- each.
4. Today, both the parties appeared in person. Respondent No.1
has admitted the factum of aforesaid compromise which is effected between
the parties and he also admitted that entire settled amount is already paid to
him by the petitioner. He further stated that now nothing is due against the
petitioner and is having no objection if offence punishable under Section 138
NI Act is compounded and the petitioner is acquitted. Even petitioner who
has appeared in person has endorsed the aforesaid statement made by
respondent 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 payment of settled amount is
already received by respondent No.1. As such the parties are permitted to
compound the offence punishable under Section 138 of the Act in aforesaid
criminal complaint No. 1850/2015 titled Surinder Singh Vs. Pritam Singh.
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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 judgment and
order dated 14.08.2018 passed by the Court of Judicial Magistrate Ist Class,
Ludhiana and judgment dated 21.01.2020 passed by the Court of Additional
Sessions Judge, Ludhiana are hereby set aside and petitioner is acquitted of
an offence punishable under Section 138 NI Act.
7. Pending application, if any, stands disposed of.
02.05.2024 (KARAMJIT SINGH)
Yogesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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