Gurmeet Kaur vs Amrik Singh
2024 Latest Caselaw 20705 P&H

Punjab-Haryana High Court

Gurmeet Kaur vs Amrik Singh on 21 November, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                  Neutral Citation No:=2024:PHHC:153181



CRM Nos.45645 & 45646-2024 and
CRM Nos.45484 & 45485-2024 in
in CRR-555-2007 (O & M)

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 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                         CRM Nos.45645 & 45646-2024 and
                         CRM Nos.45484 & 45485-2024 in
                         in CRR-555-2007 (O & M)
                         Date of decision: 21.11.2024


Gurmeet Kaur                                                       .... Petitioner

           V/s
Amrik Singh (since deceased) through LR Mohinder Kaur

                                                               ...Respondents


CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:     Mr. Arvind Kashyap, Advocate,
             for the petitioner.

             Mr. H.S. Diwana, Advocate,
             for the LR of the respondent.

                 *****

JASJIT SINGH BEDI, J. (Oral)

CRM-45645-2024

The application for placing on record certified copies of the

settlement dated 14.11.2024 (Annexure P-1) and photocopy of bank draft

dated 12.11.2024 (Annexure P-2), is allowed as prayed for subject to all just

exceptions. The aforesaid documents are taken on record.

CRM-45485-2024

This is an application under Section 528 of the BNSS for

impleading the legal representative of Amrik Singh-respondent (since

deceased).

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For the reasons mentioned in the application, the same is

allowed. The applicant mentioned in Para 5 of the application i.e. Jagdeep

Kaur (daughter-in-law) is impleaded as legal representative of the

respondent-Amrik Singh.

This application is disposed of.

CRM-45484-2024

This is an application for placing on record the amended memo

of parties.

For the reasons mentioned in the application, the same is

allowed. The amended memo of parties is taken on record.

This application stands disposed of.

CRM-45646-2024 in/and CRR-555-2007

The present revision petition has been filed against the

judgment dated 16.03.2007 passed by the Additional Sessions Judge,

Fatehgarh Sahib, vide which the appeal preferred by the petitioner against

the judgment of conviction and order of sentence dated 20.11.2024 passed

by the Chief Judicial Magistrate, Fatehgarh Sahib, has been dismissed with a

modification.

2. The brief facts of the case are that the petitioner-accused

Gurmeet Kaur had approached the complainant-Amrik Singh (since

deceased) and introduced herself to the complainant that she was a travel

agent and used to send persons from India to foreign countries. The

complainant paid Rs.1,50,000/- in August 1999 to the accused for sending

his son-Jasbir Singh to abroad in the presence of Bhajan Singh. When the

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accused neither sent the son of the complainant abroad nor returned

Rs.1,50,000/- to the complainant, then in the month of February 2000, the

accused came to the residence of the complainant at Village Kasumbri and

issued a cheque bearing No.576583 for a sum of Rs.1,50,000/- of Punjab

National Bank, Sector-17, Chandigarh in his favour to discharge her legal

liability. When the abovesaid cheque was presented for encashment on

12.6.2000 by the complainant through his banker Punjab National Bank

Branch Badali Ala Singh, the same was returned back by the banker vide

memo dated 13.06.2000 with the remarks "insufficient funds". The accused

was served with a legal notice dated 16.06.2000 for the repayment of the

aforesaid amount but she failed to make the payment, leading to initiation of

proceedings under Section 138 of the Negotiable Instruments Act.

3. In the complaint under Section 138 of the Negotiable

Instruments Act, 1881 filed by the complainant, the petitioner-accused was

summoned to face trial. The evidence was led and ultimately, the accused-

petitioner was held guilty and accordingly, convicted for the offence

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

sentenced to undergo rigorous imprisonment for a period of one year and to

pay a fine of Rs.1000/- and in default of the payment of fine to further

undergo rigorous imprisonment for a period of 01 month.

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

sentence, the petitioner preferred an appeal before the Additional Sessions

Judge, Fatehgarh Sahib, which came to be dismissed on 16.03.2007 with the

modification that the accused-petitioner was sentenced to undergo rigorous

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imprisonment for a period of six months and to pay an amount of

Rs.1,00,000/- to the complainant as compensation and it was directed that

the amount of fine of Rs.1,000/- if already recovered, was to be diverted

towards compensation in addition to the compensation amount payable to

the complainant.

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

by the petitioner.

6. The learned counsel for the petitioner contends that during the

pendency of the revision petition, the matter has been settled between the

parties and in terms of settlement dated 14.11.2024 (Annexure P-1) and in

pursuance thereof, a sum of Rs.3,00,000/- against the cheque amount of

Rs.1,50,000/- has been paid to Jagdeep Kaur vide a Bank Draft No.101920

dated 12.11.2024 (Annexure P-2). He contends that the parties have

amicably settled the dispute with intervention of respectable persons of the

society and nothing is due towards the respondent. In view of the prayer

made in the application (CRM-45646-2024) under Section 147 of the

Negotiable Instruments Act read with Section 320 Cr.P.C. where a

settlement has been effected, the offence under Section 138 of the

Negotiable Instruments Act can be compounded on account of the fact

that a mutual compromise has been effected between the parties..

6. The learned counsel for Jagdeep Kaur-legal representative of

the deceased-respondent/Amrik Singh contends that as the matter has been

settled between the parties, she has no objection if the prayer made in the

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application for compounding the offence under Section 138 N.I. Act is

allowed and the petitioner is acquitted of the charges framed against her.

7. I have heard the learned counsel for both the parties.

8. This Hon'ble 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."

9. 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 as the offence

stands compounded.

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10. In view of the above, since, the parties have voluntarily settled

the disputes between themselves, it is a fit case for allowing them to

compound the offence.

11. Accordingly, the revision petition is allowed and subject to

payment of 15% of the cheque amount of Rs1,50,000/- to be deposited with

Sadhna Society for the Mentally Handicapped, Near Housing Board Chowk,

Raen Basera Building Manimajra, Sector 13, Chandigarh, the judgment

dated 16.03.2007 passed by the Additional Sessions Judge, Fatehgarh Sahib,

as well as the judgment of conviction and order of sentence dated

20.11.2004 passed by the Chief Judicial Magistrate, Fatehgarh Sahib, are

hereby set aside. The petitioner is acquitted of the charge under Section 138

of the Negotiable Instruments Act.

12. Since the main petition has been disposed of no order needs to

be passed in the pending application(s), if any,

( JASJIT SINGH BEDI) JUDGE November 21, 2024 sukhpreet Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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