High Court of Punjab and HaryanaCRR/2131/2024disposed of

Lachman Singh Alias Lachman Ram v. Jagjit Ram

2025-02-10Mr. Justice Sandeep Moudgil2 pages

CRR-2131-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-2131-2024 (O&M) Date of decision: 10.02.2025 Lachman Singh @ Lachman Ram ......Petitioner

Versus

Jagjit Ram .....Respondent CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Vivek Singla, Advocate for the petitioner. Mr. Vikasdeep Singh, Advocate for the respondent. SANDEEP MOUDGIL, J (ORAL) This revision petition has been filed against the judgment dated 16.08.2024 passed by Additional Sessions Judge, Barnala affirming the judgment of conviction and order of sentence dated 02.05.2018, passed by Judicial Magistrate, 1st Class Barnala vide which the petitioner was convicted under Section 138 of NI Act, 1881, and sentenced to undergo RI for one year. During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of the impugned order. Learned counsel, for the petitioner submits that after dismissal of appeal under Section 138 of NI Act by the Addl. Sessions Judge, Barnala, the parties have entered into settlement dated 18.09.2024 (Annexure P.1) and entire loan amount stands repaid to the complainant, therefore, the parties may be permitted to compound the offence; and by setting aside the judgments/orders passed by the Courts below, the petitioner be ordered to be acquitted of the charges.

MANOJ KUMAR 2025.02.14 21:50 I attest to the accuracy and authenticity of this order

CRR-2131-2024 (O&M) Learned counsel appearing on behalf of the respondent does not dispute the compromise arrived at between the parties. He has expressed his no objection for compounding of the offence as prayed by the counsel for the petitioner.

In view of the above, finding the prayer of the petitioner to be genuine and in view of the fact that the matter has been amicably settled between the parties, this Court finds that it would be appropriate to compound the offence. Accordingly, the present revision petition is allowed. Necessary permission for compounding of offence under Section 138 of the Negotiable Instruments Act, for which the petitioner was convicted and sentenced by the trial Court, is granted. As a result of compounding, the judgment dated 16.08.2024 passed by Additional Sessions Judge, Barnala affirming the judgment of conviction and order of sentence dated 02.05.2018, passed by Judicial Magistrate, 1st Class Barnala vide which the petitioner was convicted under Section 138 of NI Act, 1881, and sentenced to undergo RI for one year, is quashed qua the petitioner. The present petition is hereby allowed.

( SANDEEP MOUDGIL ) JUDGE 10.02.2025 manoj

1. Whether speaking/ reasoned :

Yes /No

2. Whether reportable :

Yes /No MANOJ KUMAR 2025.02.14 21:50 I attest to the accuracy and authenticity of this order