Sat Pal v. Ramesh Kumar

CRR-2056-2007

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-2056-2007 Date of Decision: 11.03.2026 Sat Pal

...Petitioner

Versus

Ramesh Kumar

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Vinod Khunger, Advocate for the petitioner.

Mr. Paras Khindri, Advocate for the respondent.

**** ANOOP CHITKARA, J.

Criminal Complaint No. 159-2, under Section 138/142 of the Negotiable Instruments Act r/w 420 IPC, District Ferozepur Date of Decision: 26.09.2006 Criminal Appeal No. 59 of 2006, Sessions Judge, Ferozepur Date of Decision: 24.10.2007 1.

Seeking setting aside of impugned orders dated 26.09.2006 and 24.10.2007 passed by JMIC, Ferozepur and Sessions Judge, Ferozepur respectively, the petitioner has come up before this Court by filing the present revision petition under Section 401 CrPC.

2.

Petitioner was convicted and sentenced RI for one year and to pay fine of Rs.5000/- by the trial Court and the said judgment stands affirmed by the Appellate Court.

3.

Counsel for the petitioner submits that the matter has been settled and the entire money has been paid. Counsel for the respondent does not dispute the aforesaid fact and submits that he has no objection if the judgment of conviction and order of sentence is set aside.

4.

Section 147 of Negotiable Instruments Act makes an offence punishable under Section 138 of NI Act as compoundable which is almost a replica of Section 359 BNSS, 2023 (erstwhile Section 320 CrPC) and explicitly no permission of the Court is required for compromise of offence under Section 138 NI Act. Even if the petitioneraccused has been convicted and the appeal filed against conviction has been dismissed by the Sessions Court, once the parties had settled the matter, this Court has no authority to refuse to accept such compromise.

JYOTI SHARMA 2026.03.17 17:11 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRR-2056-2007 5.

In the above background, present petition is allowed. The judgment of conviction 26.09.2006 passed by JMIC, Ferozepur and similarly the judgment dated 24.10.2007 passed by Sessions Judge, Ferozepur in appeal are quashed and set aside and petitioner is acquitted of the charges. Amount of fine forfeited to State. Bail bonds and surety bonds, if any furnished shall stand discharged. This order is subject to the condition that petitioner shall deposit 7.5% of the cheque amount with the State Legal Services Authority, Punjab by 30.04.2026. It is clarified that this order shall stand recalled automatically invoking provisions of Section 403 BNSS, 2023, if compliance is not made. All pending application(s), if any, stand closed. (ANOOP CHITKARA) JUDGE 11.03.2026 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable:

No.

JYOTI SHARMA 2026.03.17 17:11 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh