Punjab-Haryana High Court
M/S Sangar Trading Company And Anr vs Nirmal Singh And Another on 7 November, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:145081
CRR-1795-2024 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR-1795-2024 (O&M)
Date of decision: 07.11.2024
M/s Sangar Trading Company and another ...Petitioners
Versus
Nirmal Singh and another ...Respondents
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
Present: Mr. Ritesh Pandey, Advocate for the petitioners.
Mr. Aazam Khan, Advocate for respondent No.1.
****
KARAMJIT SINGH, J. (ORAL)
CRM-37467 of 2024
For the reasons mentioned in the application, coupled with the
no objection pleaded by counsel for respondent No.1, the same is allowed
and delay of 537 days in filing the present revision petition is condoned,
subject to cost of Rs.10000/- to be deposited by the petitioner in Poor
Patients Fund, PGIMER, Chandigarh, within 4 weeks.
CRR-1795 of 2024
1. The present revision petition has been filed by the petitioners/
accused seeking setting aside of judgment dated 09.01.2023 passed by the
Court of Additional Sessions Judge, Gurdaspur whereby the appeal filed by
petitioner against judgment and order dated 26.02.2016 passed by the Court
of Judicial Magistrate Ist Class, Batala, whereby petitioner was convicted
and sentenced to RI for a period of one year and to pay a fine of Rs.2,000/-
and in default of payment of fine to further undergo SI for a period of two
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Neutral Citation No:=2024:PHHC:145081
CRR-1795-2024 [2]
months under Section 138 NI Act, was dismissed.
2. The brief facts of the case are that petitioners issued cheuqe
No.084518 amounting to Rs.1,06,000/- dated 15.04.2010 in name of
respondent No.1, in discharge of his legal liability. On presentation, the said
cheque was dishonored and then on completion of all the formalities,
respondent No.1 filed complaint under Section 138 NI Act and on
conclusion of trial, petitioners were convicted and sentenced to
imprisonment and to pay a fine as has been detailed in the opening
paragraph of present judgment.
3. Being aggrieved, petitioner filed appeal which was also
dismissed by the Court of Additional Sessions Judge, Gurdaspur vide
judgment dated 09.01.2023. Still being not satisfied petitioners filed the
present revision petition.
4. During the course of hearing, it has been brought to the notice
of the Court that matter has been compromised between the parties vide
compromise deed (Annexure P-1) and the entire settled amount is paid by
petitioners to respondent No.1. Today, the counsel appearing on behalf of
respondent No.1 admitted the factum of compromise and further stated that
entire settled amount is already received by respondent No.1 and that he is
having no objection if offence punishable under Section 138 NI Act is
compounded and the petitioners are acquitted. Even the counsel for the
petitioners has admitted factum of compromise and has made prayer that the
present petition be allowed.
5. Offence punishable under Section 138 NI Act is
compoundable. It appears that in the present case, parties have settled their
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CRR-1795-2024 [3]
dispute with regard to dishonor of cheque in question. In the given
circumstances, permission is hereby given to the parties to compound an
offence punishable under Section 138 NI Act, in the present case.
Consequently, the petitioners deserve to be acquitted of an offence
punishable under Section 138 NI Act.
6. For the foregoing reasons, the present petition is allowed and
the impugned judgments passed by the Courts below are set aside and the
petitioners are acquitted of an offence punishable under Section 138 NI Act.
7. The other miscellaneous applications, which are pending also
stand disposed of in aforesaid terms.
07.11.2024 (KARAMJIT SINGH)
Yogesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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