High Court of Punjab and HaryanaCRR/3606/2018allowed

Sukhvinder Singh v. Sanjay Gupta And ANR.

2025-09-04Mr. Justice Aman Chaudhary6 pages

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8/!/( CRM-3450 08-2025 Allowed as prayed for. Annex xure P-2 is taken on record.

CRR-3606- -2018 1.

The challenge in the present cr riminal revision is to the order dated 17.0 1.2018 passed by learned Ad ddl. Sessions Judge, Ambala, dismissing the appeal preferred against th he judgment of conviction and order of se entence dated 09.02.2015 and 1 10.02.2015 passed by learned Judicial Ma agistrate Ist Class, Ambala, v ide which the petitioner was convicted a and sentenced to undergo rigor ous imprisonment for 2 years under Secti ion 138 of the N.I. Act and to p pay a cheque amount of Rs.17 lakh to com mplainant-respondent No.1 as com mpensation.

The facts relevant as narrated in the complaint filed under Section 138 of the NI Act by complainant-respondent No.1 are that the accused-petitioner and one Daljeet Kaur agreed to sell the land to the complainant, vide agreement to sell dated 17.12.2011, and at that time, the latter paid an earnest money of Rs.25 lakh, but they did not comply with the terms and conditions of the same. However, they mutually agreed to return the earnest amount. For this purpose, the petitioner-accused issued a 5.;' 4(

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8. The CRL.M.P. No.12804 of 2009 in which the prayer is made by petitioner to permit him to produce affidavits sworn by him on December 1, 2008 as well as affidavit sworn by P. Kaliappan power of attorney holder of R. Rajathi on December 1, 2008, as additional documents is allowed. CRL. M.P. No.12803 of 2009 in which the petitioner has prayed to permit him to compound the offence and acquit him by

: setting aside the conviction recorded in Criminal case No. 726/2003 under Section 138 of the Negotiable Instruments Act by Learned Judicial Magistrate, Karur is allowed. The petitioner is permitted to compound the offence. The Order of conviction and sentence recorded by all the Courts are hereby set aside and petitioner is acquitted of the charge leveled against him."

11.

The compounding of the offence at later stages of litigation in cases under Section 138 of NI Act has also been held to be permissible by Hon'ble The Supreme Court in a case of K.M. Ibrahim vs. K.P. Mohammed & Anr., 2009 (14) SCALE 262, wherein it was held as under:- "11. As far as the non-obstante clause included in Section 147 of the 1881 Act is concerned, the 1881 Act being a special statute, the provisions of Section 147 will have an overriding effect over the provisions of the Code relating to compounding of offences.

12. It is true that the application under Section 147 of the Negotiable Instruments Act was made by the parties after the proceedings had been concluded before the Appellate Forum. However, Section 147 of the aforesaid Act does not bar the parties from compounding an offence under Section 138 even at the appellate stage of the proceedings. Accordingly, we find no reason to reject the application under Section 147 of the aforesaid Act even in a proceeding under Article 136 of the Constitution."

12.

Reiterating the aforesaid Hon'ble The Supreme Court in the case of Damodar S.Prabhu(supra) has held that in case of dishonour of cheque, accused convicted, there is no stage prescribed for compounding of offence under Section 147 of the Act and it was observed that "It is true that the application under Section 147 of the Negotiable Instruments Act was made by the parties after the proceedings had been concluded before the Appellate Forum. However, Section 147 of the aforesaid Act does not

bar the parties from compounding an offence under Section 138 even at the appellate stage of the proceedings." It was further observed that, "Even though the imposition of costs by the competent court is a matter of discretion, the scale of costs has been suggested in the interest of uniformity. The competent Court can of course reduce the costs with regard to the specific facts and circumstances of a case, while recording reasons in writing for such variance."

13.

In the peculiarity of facts and circumstances of the case and in light of the judgment in Damodar S. Prabhu vs. Sayed Babalal H., 2010(5) SCC 663, the petitioner is permitted to compound the offence. However, this Court is not inclined to accept the prayer for waiving off the compounding fee, but considering the mitigating circumstances of the petitioner brought out by his learned counsel, as noticed above, the same is reduced to the amount already paid, in view of the afore-referred decisions. The judgment of conviction/order of sentence recorded by the trial Court and affirmed by the appellate Court are hereby set aside and the petitioner is acquitted of the charges framed against him. 14.

The revision petition stands disposed of accordingly. 15.

Pending application, if any, shall disposed of. (9( : 7/ 3!-'0/ D.".

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