Hakam Singh v. Chiranji Lal And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-04.04.2022 HAKAM SINGH ... Petitioners

Versus

CHIRANJI LAL AND ANR ... Respondents *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Ms. Harman Preet Kaur (Simmi), Advocate for the petitioner.

Mr. Ramandeep, Advocate for respondent No.1.

Mr. M.S. Nagra, AAG, Punjab for respondent No.2.

***** KARAMJIT SINGH , J. (Oral) CRM-10617-2022 This application has been moved by the petitioner/applicant for placing on record compromise deed dated 11.1.2022 (Annexure P-1). The counsel for the respondent No.1 is having no objection if the application is allowed.

( 2 ) Accordingly the application is allowed and compromise deed dated 11.1.2022 (Annexure P-1) is taken on record subject to all just exceptions.

Main Case The petitioner has filed the present petition challenging the judgment dated 20.4.2017 passed by Judicial Magistrate Ist Class, Patiala whereby the petitioner was convicted and sentenced to RI for a period of 6 months and compensation and in default of compensation to undergo SI for 2 months under Section 138 of Negotiable Instruments Act and judgment dated 6.1.2021 whereby the appeal filed by the petitioner against the aforesaid judgment and order was dismissed by the Court of Additional Sessions Judge, Patiala with modification that compensation equal to the cheque amount is to be paid by the petitioner to the complainant/respondent. Still being aggrieved, the petitioner has filed the present revision petition.

Today the counsel for the petitioner placed on record compromise deed Annexure P-1, as per which the parties have effected compromise and respondent No.1 is having no objection if the offence under Section 138 NI Act is compounded.

Mr. Ramandeep Advocate, who has appeared on behalf of respondent No.1 admitted the factum of compromise and further stated that respondent No.1 is having no objection if the offence is compounded. Thus, it is clear that the parties have settled their dispute by way of compromise and accordingly, permission is hereby granted to the parties to compound the offence punishable under Section 138 of Negotiable Instruments Act.

( 3 ) Consequently, the present revision petition is allowed and impugned judgments and orders passed by the Courts below are set aside. The complaint filed by the respondent under Section 138 of Negotiable Instruments Act is dismissed and the petitioner stands acquitted. ( KARAMJIT SINGH) 04.04.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No