Sukhpal Singh v. M/S Ruldu Ram Pardeep Kumar Jain Commission Agent

2024:PHHC:010948

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (203) CRR-2590-2017 Date of Decision:-25.01.2024 Sukhpal Singh ......Petitioner

Versus

M/s Ruldu Ram Pradeep Kumar Jain Commission Agent ......Respondent CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. K.S Godara, Advocate for the petitioner.

Mr. Deepak Jain, Advocate for the respondent. **** ALOK JAIN, J. (Oral) 1.

The present petition has been filed against the judgment of conviction dated 26.04.2017 passed by learned Additional Sessions, Sirsa, vide which, while partly allowing the appeal, filed by the petitioner, the conviction of the petitioner was set aside, however, compensation of Rs. 7,50,000/- as awarded by the trial Court, was upheld. 2.

During the pendency of this petition, the learned counsel for the parties submitted that the matter has been compromised and therefore, the order qua the payment of compensation be set aside and the present revision be allowed in the said terms.

3.

Vide order dated 25.07.2023, the parties were directed to appear before the CJM/Duty Magistrate concerned for recording their respective statements with regard to compromise/settlement on 10.08.2023. PARUL 2024.01.31 11:41 I attest to the accuracy and authenticity of this document

2024:PHHC:010948 CRR-2590-2017 -24.

In compliance of the order dated 25.07.2023, a report from Chief Judicial Magistrate, Sirsa was received on 14.08.2023 stating that the matter has been compromised without any pressure, coercion or undue influence.

5.

Considering the fact that the petitioner was convicted under Section 138 of the Negotiable instruments Act and the matter has been amicably settled between the parties, during the pendency of the petition, the order dated 26.04.2017 passed by the learned Additional Sessions Judge, Sirsa, qua compensation of Rs. 7,50,000/- to the respondent is set aside as Section 147 of the Negotiable Instruments Act makes every offence punishable under the act as compoundable and there is no bar on the parties to compromise the dispute during the pendency of the case. 6.

In light of the above, the present petition stands disposed of and no further orders are required to be passed. (ALOK JAIN) JUDGE January 25, 2024 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2024.01.31 11:41 I attest to the accuracy and authenticity of this document