The voluntary settlement between parties allows for quashing of convictions under Section 138 of the Negotiable Instruments Act, emphasizing a shift from punitive to compensatory justice.

JUDGMENT :

Ranjan Sharma, J.

Cr.MP(M) No. 628 of 2024

This is an application under Section 5 of Limitations Act, praying for condonation of 1 year 7 months and 26 days, of delay in filing the accompany Criminal Revision Petition. Para 2 of the application narrate the sequel of events, leading to the aforesaid delay, as the petitioner-accused could not arrange the amount due to financial stringency. The reasons mentioned in the application, explaining the delay, appear to be bonafide and unintentional.

2. On issuance of notice on this application on 3.4.2024, Mr. Anubhav Chopra, Advocate, has put in appearance on behalf of Respondent No.1 [M/s Anand Automobile NH-20 Bodh, Tehsil Nurpur, District Kangra, H.P].

Mr. Anubhav Chopra, Advocate, on instructions, at the very outset submits that the Respondent No.1-Complainant/non-applicant does not intend to pursue the matter/proceedings under Section 138 of the Negotiable Instruments Act and states that he has no objection to the aforesaid application.

3. Moreover, since respondent No.2-State is a formal party-respondent in the instant proceedings, originating under the statute i.e. Negotiable Instruments Act, 1881 [hereinafter referred to as ‘Act’] therefore, the respondent No.2 not file any reply or objection to the said application. The application stands disposed of.

4. In these circumstances, the instant application i.e. Cr.MP(M) No. 628 of 2024, is allowed and the delay of 1 year 7 months and 26 days is condoned.

Cr.MP No. 1173 of 2024

5. This is an application by the petitioner-accused [Sunil Kumar] under Section 482 Cr.P.C. praying for quashing the impugned judgment dated 27.11.2018 passed by the Learned Trial Court which was, affirmed by the Learned Appellate Court 08.07.2022, that the matter has been settled with the Respondent No.1-Complainnat [as per Paras No.3 and 5 of application] just to maintain good relations inter se the parties.

On listing of the case today, on 8th April, 2024, Mr. Anubhav Chopra, learned counsel for Respondent No.1-Complainnt, on instructions, does not dispute this position and confirms that the matter has been amicably resolved.

6. In these circumstances, the instant application i.e. Cr.MP No.1173 of 2024 is allowed.

Cr.MP No. 1153 of 2024

7. On 06.04.2024, the Respondent No.1-Complainant/applicant-[M/s Anand Automobile NH-20 Bodh, Tehsil Nurpur, District Kangra, H.P.] has filed two applications, which were under Section 482 Cr.PC and Section 147 of the Negotiable Instruments Act, which was taken up today [on 8th April, 2024]. In Paras 3 to 5 of the application, it was stated that the Respondent-Complainant has received entire payment and has decided to amicably settle the matter and nothing is now due/recoverable from the petitioner-accused. It is further averred in Paras 5 and 6 of the application, that the matter has been amicably resolved just to keep good relations between the petitioner and Respondent No.1, and accordingly the prayer for quashing the judgment(s) passed by the Learned Trial Court dated 27.11.2018, which was affirmed by the learned Appellate Court on 8.7.2022 has been made.

Cr. Revision No. 204 of 2024

8. The petitioner-accused [Sunil Kumar] has filed the instant Criminal Revision Petition under Section 397 read with Section 401 of the Code of Criminal Procedure; assailing the judgment of conviction and sentence dated 27.11.2018 passed by the Learned Judicial Magistrate First Class, Court No.II, Nurpur, District Kangra, (HP), [hereinafter referred to as ‘Trial Court’] whereby, the petitioner-accused [Sunil Kumar] was imposed simple imprisonment for six months for offence punishable under Section 138 of the Negotiable Instruments Act and to pay compensation of Rs 6,00,000/- [Rupees Six Lak