Krishan Kumar vs State Of Haryana And Another
2024 Latest Caselaw 20595 P&H

Citation : 2024 Latest Caselaw 20595 P&H
Judgement Date : 20 November, 2024

Punjab-Haryana High Court

Krishan Kumar vs State Of Haryana And Another on 20 November, 2024

Author: Kirti Singh

Bench: Kirti Singh

                                Neutral Citation No:=2024:PHHC:152101




        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
243/1
                                                     CRR-1295-2023(O&M)
                                                     Decided on : 20.11.2024

Krishan Kumar
                                                              . . . Petitioner(s)
                                        Versus

State of Haryana and another

                                                           . . . Respondent(s)

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

PRESENT: Mr. Sanjay Kaushal, Senior Advocate with
         Mr. Ishan Bhardwaj, Advocate
         for the petitioner.

            Mr. Gaurav Bansal, DAG, Haryana.

            Mr. Sachin Ohri, Advocate, for respondent No.2.

                                        ****
KIRTI SINGH, J. (Oral)

The present revision petition has been filed against the

judgment dated 09.02.2023 passed by the Sessions Judge, Hisar, vide which

the appeal preferred by the petitioner/accused against the judgment of

conviction and order of sentence dated 01.09.2016/08.09.2016 passed by the

JMIC, Hisar, has been dismissed.

2. The brief facts of the case are that the accused firm purchased

agro-chemicals from the complainant respondent No.2 and against the said

purchase the petitioner, being proprietor of accused firm issued cheque

bearing No.5029254 dated 13.06.2014 for a sum of Rs.1,11,73,784.46 which

was dishonoured and returned vide return memo dated 14.06.2014.

Thereafter, complainant respondent No.2 sent a legal notice to the petitioner

on 21.06.2014 but the petitioner failed to make the payment within the 1 of 4

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stipulated period of 15 days and the complainant respondent no.2 lodged a

complaint under Section 138 of Negotiable Instruments Act, 1881 and the

proceedings culminated into conviction and a sentence was awarded to the

petitioner to undergo SI for a period of 01 year and to pay compensation to

the tune of above-stated cheque amount.

4. Aggrieved against the said judgment of conviction and order of

sentence, the accused preferred an appeal before the Additional Sessions

Judge, Faridkot, which came to be dismissed on 09.02.2023.

5. Still aggrieved, the present revision petition has been preferred

by the accused.

6. On 16.07.2024, learned counsel for the petitioner submitted that

the petitioner is willing to settle the disputed amount. He further submitted

that if the petitioner is granted interim suspension of sentence for a period of

03 weeks, he would be in a position to explore the possibility of settling the

dispute. Learned counsel for the complainant respondent No.2 also agreed to

this proposal. Consequently, this Court referred the matter to the Mediation

and Conciliation Centre to explore the possibility of an amicable settlement,

while granting interim suspension to the petitioner for a period of 03 weeks.

7. Today, report dated 13.11.2024 from the Mediation and

Conciliation Centre has been received in this Court stating a compromise has

been arrived at between the parties and it was agreed that the petitioner-

accused shall pay a sum of Rs.62,00,000/- to the complainant-respondent

No.2 as full and final settlement and further agreed that the payment shall be

made in installments.

8. The learned counsel for the petitioner submits that in view of

the compromise arrived and provisions of Section 147 of N.I. Act, the parties

may be allowed to compound the offence.


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                                 Neutral Citation No:=2024:PHHC:152101




 CRR-1295-2023 (O&M)                                                    -3-

9. The learned counsel for the complainant/respondent No.2 has

accepted the factum of the compromise and has stated that he has no

objection if the prayer of the petitioner for compounding the offence under

Section 138 N.I. Act is allowed and the petitioner is acquitted of the charges

framed against him. However, he prays that in event of non-fulfilling of the

terms of settlement agreement liberty may be granted to avail his remedies

in accordance with law.

10. I have heard the learned counsel for the parties.

11. This Court in 'Ramesh Chander Vs. State of Haryana and

another, 2007(1) RCR (Criminal) 245' held as under:-

"4. As per the provisions of Section 147 of the Act, the offence under Section 138 is compoundable. Section 147 reads as under:-

"Offence to be compoundable-

Notwithstanding anything contained in the Criminal Procedure Code, 1973(2 of 1974), every offence punishable under this Act shall be compoundable".

5. The compounding of the offence under Section 138 can be done during the trial of the case as well as by the High Court or Court of Session while acting in the exercise of its power of revision under Section 401 Criminal Procedure Code Reference may be made to Section 320(6) Criminal Procedure Code in this regard.

6. Further, under Section 320(8) Criminal Procedure Code the composition of an offence shall have the effect of acquittal of the accused with whom the offence has been compounded."

12. This Court in 'Vatsa Electronics Vs. Pala Ram & Anr.

decided on 09.03.2022 in CRR-1585-2019' has also held that once a

settlement is being effected, then in terms of Section 147 of the Negotiable

Instruments Act and Section 320 Cr.P.C., the accused ought to be acquitted

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as the offence stands compounded.

13. In view of report of Mediation and Conciliation Centre of this

Court, since, the parties have settled the disputes between themselves, it is a

fit case for allowing them to compound the offence.

14. Accordingly, the revision petition is allowed and the judgment