Punjab-Haryana High Court
M/S Jaisons Enterprises vs Bansal Steel Corporation on 5 September, 2024
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
313
1. CRR-1164-2024 (O&M)
2. CRR-1166-2024 (O&M)
3. CRR-1167-2024 (O&M)
Date of Decision: September 5th, 2024
M/s Jaisons Enterprises and another
.....Petitioners
Versus
Bansal Steel Corporation
.....Respondent
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Gursimran Singh, Advocate
for the petitioners.
MANJARI NEHRU KAUL, J. (ORAL)
The petitioners are impugning the judgment dated
15.05.2024 passed by learned Additional Sessions Judge, Ludhiana,
vide which their appeal has been dismissed while affirming the
judgment dated 21.11.2018 passed by learned Judicial Magistrate 1 st
Class, Ludhiana, whereby the petitioner has been convicted for offence
under Section 138 of the Negotiable Instruments Act, 1881 (for short,
'the NI Act') and sentenced to undergo rigorous imprisonment for two
years and to pay compensation amounting to `4,75,000/- to the
complainant.
2. In compliance of order dated 09.07.2024 Mr. Vijay Lath,
Advocate, has filed three separate power of attorneys, on behalf of the
respondent, which are taken on record.
3. Vide order dated 06.06.2024 passed by a coordinate Bench
of this Court, parties were directed to appear before the Mediation and
CRR-1164, 1166, 1167-2024 (O&M) -2-
Conciliation Centre of this Court for exploring the possibility of
compromise.
4. Report of Mediation and Conciliation Centre has been
received, wherein it stands reflected that the parties have amicably
resolved all their disputes and arrived at an amicable settlement vide
compromise deed dated 04.09.2024.
5. Learned counsel for the petitioners has submitted that as
per the terms and conditions of the compromise, two drafts in the sum
of `1,50,000/- each have been brought in the Court today by the
Mediator Ms. Ritu Punj and the same have been handed over to the
counsel for the respondent in the presence of the respondent-
complainant. A photocopy of the drafts has been taken on record.
6. Learned counsel for the respondent has also submitted that
the matter indeed stands amicably settled as per the terms and
conditions of the compromise deed.
7. In view of the compromise having been effected between
the parties, a prayer has been made by learned counsel for the
petitioners for compounding the offence. In support, he has relied upon
A.T. Sivaperumal Vs. Mohammed Hyath (D) By Lrs.' 2017 (2) R.C.R.
(Criminal) 453 and A.J. Asana Vs. Sittrarasu 2019 (5) R.C.R.
(Criminal) 568.
8. Learned counsel for the complainant does not dispute the
submissions made by the counsel opposite and also does not oppose his
prayer for compounding the offence.
9. I have heard learned counsel for the parties and perused the
relevant material on record.
CRR-1164, 1166, 1167-2024 (O&M) -3-
10. In view of the fact that the parties have amicably settled
their dispute, the offence under Section 138 of the N.I. Act is hereby
compounded.
11. The instant revision petitions are also allowed and
impugned judgments and order of conviction are set aside.
12. Needless to say the parties shall remain bound by the terms
of settlement/agreement dated 04.09.2024 arrived at between them
before the Mediation and Conciliation Centre of this Court.
13. Pending application, if any, stands disposed of.
September 5th, 2024 (MANJARI NEHRU KAUL)
Puneet JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
