Punjab-Haryana High Court
Pal Singh vs Nachhattar Singh And Another on 8 May, 2024
Neutral Citation No:=2024:PHHC:066468
114
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR-2418-2023 (O&M)
Date of Decision : 08.05.2024
PAL SINGH
.....Petitioner
VERSUS
NACHHATTAR SINGH AND ANOTHER
.....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Kuldeep Singh Saini, Advocate for
for the petitioner.
Mr.Pardeep Bajaj, DAG, Punjab
for respondent no.2.
Mr.Pardeep Bajaj, DAG, Punjab.
KULDEEP TIWARI, J.(Oral)
CRM-44675-2023
1. Through this application filed under Section 5 of the
Limitation Act read with Section 482 Cr.P.C., prayer is made for
condoning the delay of 136 days in filing the instant petition.
2. For the good and valid reasons as explained in the
application, the same is allowed and the delay of 136 days in filing the
petition is hereby condoned.
CRR-2418-2023
3. Through the instant petition, petitioner throws challenge to
the judgements passed by the courts below.
1 of 5
Neutral Citation No:=2024:PHHC:066468
CRR-2418-2023 (O&M) -2-
4. Learned counsel for the petitioner submits that the petitioner
has been convicted by the learned trial Court vide judgement dated
30.03.2019, and appeal preferred before the learned Additional Sessions
Judge, Ropar, thereagainst, was dismissed vide judgement dated
04.03.2023.
4. The sentence, as imposed upon the petitioner by the learned
trial Court concerned vide order of sentence dated 30.03.2019, is
extracted hereinafter:-
Offence Imprisonment Imprisonment in default
of payment of fine
Section 138 of the Simple imprisonment for 1 ½ ----
Negotiable Instruments years, and compensation
Act, 1881. equivalent to the cheque
amount.
5. The petitioner failed to surrender before the learned First
Appellate Court, on the date, when the statutory appeal was dismissed
vide judgment (supra), therefore, the learned trial court concerned was
directed to take steps to secure his presence.
6. Having aggrieved of above verdicts, the petitioner has filed
the present petition.
7. In compliance to the directions issued by this Court on dated
13.03.2024, the petitioner surrendered before the learned trial Court
concerned, and he has been taken into cusody. A photocopy of the order
dated 04.05.2024, is taken on record as Annexure -A.
8. During the pendency of the instant petition, the matter was
amicably settled between the petitioner and complainant/respondent no.1,
and the entire disputed amount has been duly paid to the complainant/
respondent no.1.
2 of 5
Neutral Citation No:=2024:PHHC:066468
CRR-2418-2023 (O&M) -3-
9. At this stage, Mr. Parminder Singh, Advocate, has caused
appearance on behalf of complainant/respondent No.1, through a validly
executed power of attorney in his favour, which is taken on record. He
admits the factum of the compromise, and submits that the entire cheque
amount has been paid by the petitioner to the respondent
no.1/complainant. Further, he has placed on record a vernacular copy of
the compromise/agreement dated 03.05.2024, which is taken on record as
Annexure-B.
10. On perusal of the said compromise/agreement, as well
aforesaid statement suffered on behalf of respondent no.1/complainant, it
clearly transpires that respondent no.1/complainant has compromised the
matter with the petitioner, and since the petitioner has been convicted for
the commission of offence punishable under Section 138 Negotiable
Instruments Act, 1881, which is a compoundable offence, and can be
compounded at any stage.
11. Hence, as the offence has been compounded, with the
respondent no.1/complainant, and his grievance has been fully redressed,
the judgment and order (supra), deserves to be set aside.
12. It apt here to cite here a judgment in CRM-M-25669-2020
(O&M), titled "Abhishek Singh & others V/s State of Punjab &
others", Pronounced on: 07.04.2022, wherein a co-ordinate Bench of
this Court, has observed, as under:-
"9. The following aspects would be relevant to conclude
this petition:-
a) The accused and the private respondents have amicably
settled the matter between them in terms of the compromise
3 of 5
Neutral Citation No:=2024:PHHC:066468
CRR-2418-2023 (O&M) -4-
deed and the statements recorded before the concerned
Court;
b) A perusal of the documents reveal that the settlement
has not been secured through coercion, threats, social
boycotts, bribes, or other dubious means;
c) The victim has willingly consented to the nullification of
criminal proceedings;
d) There is no objection from the private respondents in
case present FIR and consequent proceedings are
quashed;
e) In the given facts, the occurrence does not affect public
peace or tranquillity, moral turpitude or harm the social
and moral fabric of the society or involve matters
concerning public policy;
f) The rejection of compromise may also lead to ill will.
The pendency of trial affects career and happiness;
g) There is nothing on the record to prima facie consider
the accused as an unscrupulous, incorrigible, or
professional offender;
h) The purpose of criminal jurisprudence is reformatory in
nature and to work to bring peace to family, community,
and society;
i) The exercise of the inherent power for quashing the
conviction, sentence and all previous proceedings is justified to
secure the ends of justice."
13. In the light of the hereinabove recorded aspects and
considering the fact that the offences, for which the petitioner/accused
have been charged, are not of grave in nature, as also in view of the law
laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR
(Criminal) 543 and Kulwinder Singh, others Vs. State of Punjab
2007(3) RCR (Criminal) 1052, the present petition, deserves to be
allowed.
4 of 5
Neutral Citation No:=2024:PHHC:066468
CRR-2418-2023 (O&M) -5-
14. Considering the fact that the parties have decided to bury
their inter-se dispute in the light of compromise/settlement dated
03.05.2024, and the grievance of the respondent no.1/complainant has
been redressed, and further they have decided to live in peace, present
revision petition is allowed and impugned judgment dated dated
conviction dated 30.03.2019, and order of sentence of even date, passed
by the learned Judicial Magistrate Ist Class, Ropar, as also the impugned
judgment dated 04.03.2023, passed by the learned Additional Sessions
Judge, Ropar, are hereby set aside.
15. The petitioner be released forthwith, if not required, in any
other case.
16. All pending application(s), if any, also stands disposed of.
(KULDEEP TIWARI)
May 08, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
5 of 5
