Punjab-Haryana High Court
Raj Kaur vs State Of Punjab And Another on 3 September, 2024
Neutral Citation No:=2024:PHHC:114696
110
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-23940 & 23942-2024 in/and
CRR-1108-2024 (O&M)
Date of Decision : 03.09.2024
RAJ KAUR
.....Applicant/Petitioner
VERSUS
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. M.S.Sidhu, Advocate,
for the applicant/petitioner.
Mr.Pardeep Bajaj, DAG, Punjab.
Mr. Dushant Jog, Advocate,
for respondent no.2/complainant.
KULDEEP TIWARI, J.(Oral)
CRM-23940-2024
1. For the good and valid reasons assigned in the application,
same is allowed, and the delay of 144 days in filing the instant petition, is
hereby condoned.
CRM-23942-2024 in/and
CRR-1108-2024
2. Through the instant revision petition, the petitioner has
assailed the verdict of conviction dated 03.09.2022, and consequent
thereto, order of sentence of even date, whereby, the learned Judicial
Magistrate Ist Class, Nabha, has convicted the applicant/appellant for
commission of offence punishable under Section 138 of the Negotiable
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CRR-1108-2024 (O&M) -2-
Instruments Act, 1881 (hereinafter referred to as the 'N.I. Act'), in
complaint case No.COMA/317/2018, dated 27.04.2018, and, sentenced
her to undergo rigorous imprisonment for a period of 6 months, and to
pay compensation equivalent to cheque amount along with simple interest
at the rate of 9% p.a., from the date of issuance of cheque till final
realisation of amount, and in default thereof to undergo rigorous
imprisonment for 3 months. She was further sentenced to pay fine of
Rs.2,000/- and in default thereof, to undergo simple imprisonment for 15
days.
3. In addition, the petitioner has also assailed the verdict dated
03.10.2023, whereby, the learned Additional Sessions Judge, Patiala has
dismissed the statutory appeal filed by the petitioner, against the verdict
of conviction and order of sentence (supra). Moreover, since the
petitioner was on bail, further, it was directed to take the petitioner into
custody, and was sent to jail, for serving the sentence as imposed upon
her.
4. What surfaced from the study survey of the judgment passed
by the learned Additional Sessions Judge concerned, that petitioner was
absent on the date of pronouncement of the judgement.
5. However, in deference to the directions issued by this Court
vide order dated 29.05.2024, the petitioner has surrendered before the
learned trial court concerned on 02.09.2024. For which learned counsel
for the petitioner has placed on a certified copy of the order dated
02.09.2024, depicting that the petitioner has surrendered. The same is
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taken on record as Annexure A-1. The Registry is directed to place the
same at the appropriate place of the case file.
6. The instant revision petition is also accompanied by an
application (CRM-23942-2024) seeking compounding of the offence
under Section 320 of the Cr.P.C. read with Section 147 of the Negotiable
Instruments Act, 1881, in view of the amicable settlement arrived at
between the petitioner and respondents no.2.
7. Today, Mr. Dilraj Singh Bhinder, Advocate, has caused
appearance on behalf of respondent No.2, through a validly executed
power of attorney in his favour. The same is taken on record.
8. He admits the factum of compromise between the parties and
submits he has no objection in case the instant offence for which the
petitioner has been convicted, is compounded and she is ordered to be
discharged of notice notice of accusation served upon her.
9. This court has heard learned counsel for the parties
concerned, and have gone through the record with their able assistance.
10. 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....."
11. Be that as it may, keeping in view the fact that: (i) the dispute
has been amicably settled between the parties concerned; (ii) the offence
in question is compoundable; and (iii) compounding can be allowed at
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any stage, this Court deems it fit and appropriate to allow the instant
petition.
12. Consequently, the instant appeal is allowed, and, the
petitioner is discharged of the notice of accusation served upon her. The
impugned verdict of conviction and order of sentence, both dated
03.09.2022, as passed by the learned Judicial Magistrate Ist Class, Nabha
as well as impugned order dated 03.10.2023, passed by the learned
Additional Sessions Judge, Patiala, are hereby set aside.
13. The petitioner is directed to be released from custody, if not
required in any other case. Her bail bonds and surety bonds, if any, also
stand discharged.
14. All pending application(s) stand disposed of accordingly.
(KULDEEP TIWARI)
September 03, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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