Punjab-Haryana High Court
Satya Parkash Kaushik vs Satya Pal And Anr on 28 October, 2024
Neutral Citation No:=2024:PHHC:141681
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR-2067-2024 (O&M)
Date of Decision : 28.10.2024
SATYA PARKASH KAUSHIK .....Petitioners
VERSUS
SATYA PAL AND ANOTHER .....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Vivek Sheoran, Advocate,
for the petitioners.
Mr.Pardeep Bajaj, DAG, Punjab.
Mr. Jitender Dhanda, Advocate,
for respondent no.2.
KULDEEP TIWARI, J.(Oral)
1. This Court vide order dated 22.10.2024, passed the
following order:
"Through the instant petition, challenge is thrown to
the judgment and order dated 7.2.2018 and 12.2.2018, whereby, the
petitioner has been convicted for the offence punishable under
Section 138 of the Negotiable Instruments Act and sentenced to
undergo simple imprisonment for the period of one year and to pay
the compensation i.e. double of the cheque amount i.e. Rs.2,40,000/-
to the complainant as well as the judgment dated 14.10.2024,
whereby, the statutory appeal preferred by the petitioner was
dismissed.
Learned counsel for the petitioner inter-alia submits
that the petitioner is ready and willing to deposit the entire
compensation amount imposed upon him i.e. Rs.2,40,000/-. He
further submits that he has already deposited Rs.48,000/- before the
Appellate Court in compliance to the direction issued under Section
143-A of the Negotiable Instruments Act, 1881, and he is now ready
and willing to pay the remaining amount of Rs.1,92,000/- in the shape
of demand draft drawn in favour of the complainant today itself.
Notice of motion for 28.10.2024.
Dasti as well.
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Mr. Abhinash Jain, DAG, Haryana, waives service on
behalf of the respondent-State. He is directed to file the custody
certificate on or before the next date of hearing.
Let notice be issued to respondent No.1 for the date
fixed on furnishing of requisite process fee.
Learned counsel for the petitioner is permitted to
submit the demand draft with the Registry of this Court.
To be shown in the urgent list."
2. Learned counsel for the petitioner submits in view of the
undertaking given in the hereinabove extracted order, the petitioner has
submitted a demand draft of Rs.1,92,000/- drawn in favour of the
complainant, with the Registry of this Court.
3. At this stage, Mr. Jitender Dhanda, Advocate, has caused
appearance on behalf of respondent no.1/complainant, submits that in
case the petitioner has deposited the entire amount as claimed, he has no
objection of compounding the offence committed by the present petitioner
under Section 138 of the Negotiable Instruments Act, 1881, in view of
Section 143 thereof.
4. He further submits that the amount which has been deposited
by the present petitioner in the shape of demand draft, be ordered to be
handed over to respondent no.1/complainant, and also the amount which
is lying deposited with the learned first appellate court concerned, be also
ordered to be released in favour of respondent no.1/complainant.
5. On the other hand, learned State counsel has filed a custody
certificate qua the petitioner, today in court, which is taken on record. As
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per the custody certificate, petitioner has suffered incarceration of 14
days, as on today.
6. This court has heard learned counsel for the parties
concerned, and have gone through the record with their able assistance.
7. The Hon'ble Supreme Court in Shakuntla Sawhney (Mrs)
Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63, speaking through
Justice V.R. Krishna Iyer, has held as under:-
"4. ....The finest hour of justice arrives propitiously when
parties, despite falling apart, bury the hatchet and weave a
sense of fellowship or reunion....."
8. Be that as it may, keeping in view the fact that: (i) the dispute
has been amicably settled between the parties concerned, inasmuch as,
the petitioner has made the entire payment to the respondent
no.1/complainant; (ii) the offences in question are compoundable; and
(iii) compounding can be allowed at any stage, this Court deems it fit and
appropriate to allow the instant petition.
10. Consequently, the instant revision petition is allowed, and,
the petitioner is acquitted of the notice of accusation served upon him.
The impugned verdict of conviction and order of sentence dated
07.02.2018 and 12.02.2018, respectively as passed by the learned trial
Court concerned, is set aside. Moreover, the impugned verdict dated
14.10.2024, whereby, the learned Additional Sessions Judge concerned,
had upheld the conviction of the petitioner, is also set aside.
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11. The petitioner is directed to be released from custody, if not
required in any other case. His bail bonds and surety bonds, if any, also
stand discharged.
12. The Registry of this Court is directed to hand over the
demand draft, as submitted by the petitioner, as per the direction issued
by this Court, vide order dated 22.10.2024, to the respondent
no.1/complainant forthwith.
13. The amount which has been deposited by the present
petitioner with the learned appellate court concerned, shall also be
released in favour of respondent no.1/complainant, if not already
released.
14. All pending application(s), if any, also stand disposed of
accordingly.
(KULDEEP TIWARI)
October 28, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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