The court can grant permission to compound the offence under Section 138 N.I.Act and waive costs based on settlement and specific reasons.

JUDGMENT :

HARNARESH SINGH GILL, J.

1. All the cases are taken up for hearing through video conferencing.

2. With no objection from the counsel for the respondents, CRM-9737-2021; CRM-9735-2021; CRM-9641- 2021 and CRM-9998-2021 are allowed and the date of hearing in the main petitions is preponed from 16.08.2021 to that of today.

3. This order shall dispose of the above noted four petitions, as common questions of law and facts are involved therein. However, for the facility of reference, the main order is being passed in CRR-2996-2018.

4. In the complaints filed under Section 138 of the Negotiable Instruments Act, 1881 (for short `the Act’) by complainant-respondent No.2, the petitioner was convicted and sentenced vide judgment and order dated 28/29.04.2016 and 18/19.07.2016 passed by the learned Judicial Magistrate, Ist Class, Panchkula, as under:-

5. The appeals against the said judgments and orders, were dismissed by the learned Additional Sessions Judge, Panchkula on 30.07.2018.

6. Still aggrieved, the petitioner has filed the present revision petitions.

7. Learned counsel for the petitioner contends that during the pendency of the present petition, a compromise was arrived at between the parties on 23.01.2019, whereby the entire amount was agreed to be paid by the petitioner to the complainant.

8. A Coordinate Bench of this Court on 09.07.2019, inter-alia, noticed the factum of compromise and the factum of payment made and to be made to the complainant. The relevant extracts from the said order, would read as under:-

“On the last date of hearing, learned counsel for the petitioner had submitted that the matter has been compromised amongst the parties in respect of four cheques out of which the present revision petitions have arisen.

Pursuant to the aforesaid submission, the parties were directed to appear before the trial Court and to get their statements recorded qua factum of compromise. Since the petitioner was confined in jail, therefore, the Superintendent, Model Jail, Chandigarh was directed to make arrangements for producing the petitioner before JMIC, Panchkula so as to get his statement recorded.

Pursuant to the aforesaid direction, the petitioner was produced before the trial Court wherein his statement as well as statement of the complainant was recorded, wherein the parties have admitted the factum of compromise. It has been agreed amongst the parties, as per compromise deed (Ex.C-1), the petitioner has agreed to pay an amount of Rs.16,36,000/- in four installments as follows:-

Learned counsel for the petitioner has submitted that pursuant to the aforesaid statement, the first installment of Rs.4 lakhs has already been paid.

Since the substantial agreed amount is yet to be paid, therefore, the matter is adjourned to 25.09.2019, so as to enable the petitioner to make payment of the remaining installments as per schedule………”

9. CRM-9738-2021; CRM-9736-2021; CRM-9642-2021 and CRM-9999-2021, have been filed in the present set of petitions, for compounding the offences in view of the settlement arrived between the parties.

10. Learned counsel for the petitioner as well as the learned counsel for respondent No.2-Complainant, a