Sandeep Goyal v. Sandeep Building Material Supplier And ANR

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 30.09.2021 Sandeep Goyal ....Petitioner

Versus

Sandeep Building Material Supplier and another .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Randeep Singh Dhull, Advocate, for the petitioner.

Mr. Shokeen Singh Verma, Advocate for respondent No.1.

Mr. Karan Garg, Assistant Advocate General, Haryana for respondent No.2.

( Through Video Conferencing ) **** HARSIMRAN SINGH SETHI , J. (ORAL) In the present criminal revision petition, the challenge is to judgment dated 13.12.2017 as well as quantum of sentence dated 16.12.2017, passed by the Judicial Magistrate 1st Class, Sonepat, by which, the petitioner was convicted for violating the provisions of the Negotiable Instruments Act, 1881 and was sentenced to undergo rigorous imprisonment for a period of one year and was also directed to pay a compensation of Rs.50,000/-, to be paid to the complainant and also to order dated 26.08.2021, passed by the Additional Sessions Judge,

-2Sonepat, by which, the appeal of the petitioner against the order of conviction was dismissed.

Learned counsel for the petitioner submits that the petitioner has already satisfied the claim of respondent No.1-complainant to his satisfaction by making the payment keeping in view the compromise effected between the parties and no amount is due to be paid to respondent No.1-complainant as of now and therefore, as the offence is compoundable, the prayer made by the petitioner in CRM-31557-2021 for compounding the offence may kindly be accepted. Learned counsel for respondent No.1-complainant concedes that the parties have compromised their dispute and the petitioner has discharged his liability to the satisfaction of respondent No.1complainant, therefore, he has no objection in case the above-said prayer of the petitioner for compounding the offence is accepted.

I have heard learned counsel for the parties and have gone through the record with their able assistance. As per Section 320(6) of the Cr.P.C, the High Court or the Court of Sessions, as the case may be, even while exercising the powers of revision as envisaged under Section 401 of Cr.P.C can compound the offence. In the present case, it is not disputed by the respondents that the offence, for which, the petitioner has been charged and convicted is compoundable. Once, the parties have amicably resolved their dispute and respondent No.1 has already stated before this Court that the petitioner has discharged his liability to his satisfaction and the learned Counsel appearing for respondent No.

-3petitioner for compounding the offence, it is a fit case, where this Court needs to exercise the jurisdiction of compounding of offence. Accordingly, keeping in view the facts and circumstances noticed hereinbefore, the present revision petition is accepted and the offence, for which, the petitioner is charged is compounded and the judgment dated 13.12.2017 as well as quantum of sentence dated 16.12.2017, passed by the Judicial Magistrate 1st Class, Sonepat, and order dated 26.08.2021, passed by the Additional Sessions Judge, Sonepat are set aside and the accused is ordered to be acquitted, subject to the cost of Rs.15,000/- to be paid by the petitioner in Prabh Aasra (Unit of) u/o Universal Disabled Care Taker Social Welfare Society, (who are maintaining Orphans) in Bank A/c No.

014894600000970, SCO-151-152, Sector 9-C, Chandigarh or A/c No.100035657241 of IndusInd Bank, Sector-54, Phase-II, Mohali Branch, as the litigation generated by the petitioner has wasted precious time of not only this Court but also of the Courts below. CRM-27977-2021; CRM-27978-2021; CRM-29247-2021; CRM-29248-2021; CRM-22971-2021 & CRM-31557-2021 Applications stand disposed of keeping in view the order passed in the main criminal revision petition. ( HARSIMRAN SINGH SETHI ) September 30, 2021 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No