[Cites 1, Cited by 0]
Punjab-Haryana High Court
M/S Devgan Rice And General Mills ... vs M/S Harbans Singh And Company Mandi ... on 8 December, 2025
In the High Court for the States of Punjab and Haryana at
Chandigarh
134 CRR-3086-2025 (O&M)
M/s Devgan Rice & General Mills Sangrana Sahib and another
... Revisionists
Versus
M/s Bhole Shanker Trading Company and another
... Respondents
135 CRR-3095-2025 (O&M)
M/s Devgan Rice & General Mills Sangrana Sahib ... Revisionist
Versus
M/s Khurana Commission Agent and another ... Respondents
136 CRR-3096-2025 (O&M)
M/s Devgan Rice & General Mills Sangrana Sahib and another
... Revisionists
Versus
M/s Manan and Dhillon Trading Company and others ... Respondents
137 CRR-3100-2025 (O&M)
M/s Devgan Rice & General Mills Sangrana Sahib and another
... Revisionists
Versus
M/s Om Trading Company Mandi, Amarkot and another ... Respondents
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CRR-3086-2025 (O&M) and
other conneced cases (2)
138 CRR-3101-2025 (O&M)
M/s Devgan Rice & General Mills Sangrana Sahib and another
... Revisionists
Versus
M/s Harpal Singh & Company, Mandi Amarkot and another ... Respondents
139 CRR-3116-2025 (O&M)
M/s Devgan Rice & General Mills Sangrana Sahib and another
... Revisionists
Versus
M/s Davinder Singh and Company, Amarkot and another ... Respondents
140 CRR-3118-2025 (O&M)
M/s Devgan Rice & General Mills Sangrana Sahib and another
... Revisionists
Versus
M/s Harbans Singh & Company and another ... Respondents
Date of Decision:- 08.12.2025
CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA
Present:- Mr. Umesh Aggarwal, Advocate,
for the Revisionists in all cases.
*****
SUBHAS MEHLA, J. (Oral)
This Court shall dispose of above mentioned revision petitions
by passing a common order.
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CRR-3086-2025 (O&M) and
other conneced cases (3)
2. The present revision petitions are arising out of judgment dated
27.10.2025 passed by learned Additional Sessions Judge, Tarn Taran, vide
which the judgment of conviction and order of sentence dated 26.04.2022
passed by learned Judicial Magistrate Ist Class, Patti, had been upheld,
whereby the firm and its partners were held guilty for offence under Section
138 of Negotiable Instruments Act and were convicted.
3. Learned counsel for the revisionists submits that earlier revision
petitions filed by the revisionist firm through other partners were disposed of
as the matter had been compromised among the parties. In compliance of
order dated 18.11.2025 in CRR-2926-2025; orders dated 19.11.2025 in CRR-
2935-2025, CRR-2950-2025, CRR-2936-2025, CRR-2927-2025, CRR-2937-
2025, CRR-2956-2025, CRR-2938-2025, CRR-2939-2025, CRR-2941-2025,
CRR-2952-2025, CRR-2942-2025 and CRR-2943-2025; and order dated
26.11.2025 in CRR-2959-2025, the partners have been released in the
aforesaid cases, however, Naresh Kumar (revisionist No.2-one of the partners
of the firm) had not been released by the Jail Authorities as he was not made
party in abovesaid revision petition.
4. Notice of motion.
5. On the asking of Court, Mr. Anup Singh, AAG, Punjab, accepts
notice on behalf of State to assist this Court.
6. Heard.
7. The relevant para of the order dated 19.11.2025 passed in CRR-
2941-2025, is as under:-
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CRR-3086-2025 (O&M) and
other conneced cases (4)
"11. Keeping in view the fact that the application for
compounding of offence in CRR-2941-2025 has been allowed,
and the factum of compromise dated 07.11.2025 is manifested
from the material i.e. compromise deed on record of another
revision petition i.e. CRR-2952-2025, and complainant/
respondents have received the entire amount due towards the
revisionists and have no objection, in case the impugned
judgments are set-aside, and the present revision petitions are
allowed. Offences under Sections 138 of NI Act stands
compounded, though one of the partner of accused firm is not
impleaded as party to the revision petition. The impleadment of
such partner is exempted as the compromise has been arrived at
between the firms. However, the composition of the offence is
subjected to the cost of 7.5% of the cheque amount in question
(i.e. Rs.33,719/- of cheque amounting Rs.4,49,586.85/-) to be
deposited by the accused firm, in Punjab State Legal Services
Authority-Disaster Relief Fund, Account No.44426937384, IFSC
Code- SBIN0014656, State Bank of India, Sector-68, SAS Nagar
(Punjab) within a period of one month from the date of receipt of
certified copy of this order. Receipt thereof shall be presented
before the learned trial Court. Accordingly, impugned judgments
along with all subsequent proceedings arising therefrom are
hereby set-aside. All the convicts i.e. partners of the accused
firm are acquitted of the notice of accusation served upon them.
12. The trial Court/successor Court is directed to issue
release warrants of the convicts after production of receipt of
cost, as stated above, forthwith.
13. It is made clear that in case, the accused firm fails
to deposit 7.5% of the compounding fee as aforesaid and to
produce the receipt thereof, within the stipulated period i.e. one
month, the present revision petitions shall be deemed to be
dismissed."
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CRR-3086-2025 (O&M) and
other conneced cases (5)
8. The matter had been compromised among the parties and
impugned judgments along with all subsequent proceedings arising therefrom
have already been set-aside by passing detailed orders in the abovesaid
revision petitions. Therefore, Naresh Kumar i.e. one of the partners of the
accused firm is also acquitted of the notice of accusation served upon him.
9. The trial/successor Court is directed to comply with the
abovesaid orders, and directed to issue release warrants of the convict, i.e.
Naresh Kumar, present revisionist.
10. A copy of this order be sent to learned trial/successor Court for
necessary compliance.
11. Disposed of.
12 Pending miscellaneous application(s), if any, stands disposed of
accordingy.
13. A copy of this order be placed on the file of each connected
cases.
( SUBHAS MEHLA )
08.12.2025 JUDGE
Geeta
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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