[Cites 3, Cited by 0]
Punjab-Haryana High Court
Subh Karan vs State Of Haryana And Anr on 28 April, 2026
CRR-1005-2026 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
107+207 CRR-1005-2026 (O&M)
Date of Decision: 28.04.2026.
Subh Karan ...Petitioner.
Versus
State of Haryana and another ...Respondents.
***
CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR
.......
Present: Mr. Jitender K. Sehrawat, Advocate for the petitioner.
Mr. R.K. Singla, Addl., A.G., Haryana.
Mr. Sandeep K. Kashyap, Advocate
for respondent No.2.
***
SUKHVINDER KAUR, J.
CRM-16480-2026
Prayer made in the application under Section 5 of the
Limitation Act read with Section 528 of BNSS for condonation of delay of
479 days in filing the present revision petition.
Keeping in view the averments made in the application, the
delay of 479 days in filing the revision petition is hereby condoned.
CRM disposed of.
CRM-17907-2026
Prayer made in the application is for placing on record
Annexures P2 and P3.
KOMAL
2026.04.28 14:26
I attest to the accuracy
of this document
Application is allowed. Annexures P2 and P3 are taken on
record, subject to all just exceptions.
Main case
1. By way of this revision petition, the petitioner has challenged
the judgment dated 24.09.2024 passed by learned Additional Sessions
Judge, Hisar, vide which the judgment of conviction and order of sentence
dated 12.06.2019 passed by learned Judicial Magistrate Ist Class, Hisar, has
been upheld, whereby the petitioner was held guilty for offence under
Section 138 of Negotiable Instruments Act and was convicted.
2. In CRR-1005-2026, an application i.e. CRM-17908-2026 for
compounding of offence under Section 138 of N.I. Act on the basis of
compromise deed dated 20.04.2026 (Annexure P2) as well as affidavit of
the complainant dated 20.04.2026 (Annexure P3) regarding the settlement
has been filed.
3. Learned counsel for the petitioner submitted that the
compromise has been effected between the parties and as per the
compromise all the dues had been paid by the petitioner and as such, he
prays for compounding of the offence and acceptance of the revision
petition.
4. Learned counsel representing the complainant/ respondent No.2
has admitted the factum of compromise and submits that he has specific
instructions from the complainant/ respondent No.2 that he has no objection
in case the revision petition is allowed and the petitioner is acquitted of the
notice of accusation.
5. I have heard learned counsel for the parties and have perused
the relevant material placed on record.
KOMAL
2026.04.28 14:26
I attest to the accuracy
of this document
6. As submitted by learned counsel for the petitioner, during the
course of proceedings, settlement was effected between the parties. In CRR-
1005-2026 an affidavit Annexure P3 of complainant/ respondent No.2
regarding the compromise has been placed on record. Learned counsel for
the petitioner has submitted that disputed cheque amount has already been
paid by the petitioner to the respondent and now nothing is due towards
him, which is conceded by learned counsel for the respondent.
9. The object and purpose of proceeding initiated under the Act is
to provide a compensatory mechanism for expeditious recovery of money
and not just punishing the offender, which is a secondary concern.
10. The Hon'ble Supreme Court in Meters and Instruments
Private Limited and another Vs. Kanchan Mehta (2018) 1 SCC 560, has
held as under:-
"7. This Court has noted that the object of the statute was
to facilitate smooth functioning of business transactions.
The provision is necessary as in many transactions'
cheques were issued merely as a device to defraud the
creditors. Dishonour of cheque causes incalculable loss,
injury and inconvenience to the Vide the Banking, Public
Financial Institutions and Negotiable Instruments Laws
(Amendment) Act, 1988 payee and credibility of business
transactions suffers a setback. At the same time, it was also
noted that nature of offence under Section 138 primarily
related to a civil wrong and the 2002 amendment
specifically made it compoundable......
xxxx xxxx xxxx
18.2. The object of the provision being primarily
compensatory, punitive element being mainly with the
object of enforcing the compensatory element,
compounding at the initial stage has to be encouraged but
KOMAL is not debarred at later stage subject to appropriate
2026.04.28 14:26
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of this document
compensation as may be found acceptable to the parties or
the court.
18.3. Though compounding requires consent of both
parties, even in absence of such consent, the court, in the
interests of justice, on being satisfied that the complainant
has been duly compensated, can in its discretion close the
proceedings and discharge the accused."
11. Offence punishable under Section 138 of the Act is a
compoundable offence. As in the present case, parties have settled their
dispute with regard to dishonouring of cheque in question, in the given
circumstances, the petitioner deserves to be acquitted of the offence
punishable under Section 138 of the Act, by compounding the same.
12. The compounding of offence will be subjected to cost of 7.5 %
of the cheque amount in question to be deposited with DLSA, Hisar, within
a period of one month from the date of receipt of copy of this order.
13. For the foregoing reasons, the petition is allowed and the
impugned judgment of conviction and order of sentence dated 12.06.2019
passed by learned trial Court as well as the judgment dated 24.09.2024
passed by learned Appellate Court are set aside and the petitioner is
acquitted of the notice of accusation.
14. Pending CRM(s), if any, are also disposed of accordingly.
(SUKHVINDER KAUR)
28.04.2026. JUDGE
Komal
Whether speaking/reasoned? : Yes/ No
Whether reportable? : Yes/ No
KOMAL
2026.04.28 14:26
I attest to the accuracy
of this document
