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2021 Supreme(P&H) 748
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arun Kumar Tyagi, J.
M/s K. R. Punni Agriculture Works & Anr. - Appellants
Versus
M/s Pakho Ball Bearing And Belt Store - Respondent
CRR-3130-2019 (O&M)
Decided On : 08-02-2021
Mr. Amaninder Preet, Advocate for the applicants/petitioners.; Ms. Nitika Jaura, Advocate for the respondent.
The court can exercise its discretion to pre-pone the hearing, grant permission to compound the offence, and reduce costs based on the compromise between the parties.
Headnote:
Section 482 - Pre-ponement of hearing - 320, 147 of the Negotiable Instruments Act, 1881 - The court allowed the pre-ponement of the main case and granted permission to compound the offence under Section 138 of the N.I. Act based on the compromise between the parties. The court also reduced the costs payable by the accused.
Fact of the Case:
The petitioners filed an application for pre-ponement of the main case and for grant of permission to compound the offence under Section 138 of the N.I. Act based on a compromise between the parties.
Finding of the Court:
The court allowed the pre-ponement of the main case, granted permission to compound the offence, and reduced the costs payable by the accused.
Issues: Pre-ponement of hearing, permission to compound the offence, and reduction of costs payable by the accused.
Ratio Decidendi: The court can allow pre-ponement of the main case and grant permission to compound the offence under Section 138 of the N.I. Act based on the compromise between the parties. The court also has the discretion to reduce the costs payable by the accused.
Final Decision: The main case was pre-poned, permission to compound the offence was granted, and the costs payable by the accused were reduced.
JUDGMENT
Arun Kumar Tyagi, J. (Oral) -
CRM-1484-2021
2. The applicants/petitioners have filed the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for pre-ponement of the date i.e. 03.05.2021 fixed in the main case to some early date i.e. prior to 22.01.2021 as the parties have compromised the matter and the petitioners have paid the entire amount of cheque in question and parole of the petitioner is going to expire on 22.01.2021.
3. Learned Counsel for the respondent has no objection if the application is allowed.
4. In view of the reasons mentioned in the application and no objection by learned Counsel for the respondent, the application qua prayer for earlier hearing is allowed and the main case is pre-poned for today.
CRM-1483-2021
5. For the reasons mentioned in the application, the same is allowed and the applicants/petitioners are exempted from filing certified/typed copy of compromise dated 14.01.2021 which is taken on record as Annexure A-1.
CRM-1485-2021
6. The applicants/petitioners have filed the present application under Section 320 read with Section 482 of the Cr.P.C. with Section 147 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') for grant of permission to compound the offence.
7. Briefly stated the facts giving rise to the filing of the present application are that respondent No.2 filed Complaint NACT No.443 of 2013 titled as 'M/s Pakho Bearing and Belt Store Vs. M/s KR Punni Agriculture Works and another' on the ground of dishonour of cheque No.437639 dated 25.09.2012 for Rs.2,00,000/- issued by the petitioners-accused in discharge of subsisting legal liability with remarks 'insufficient funds' and non-payment of the amount of the cheque by the petitioners-accused within 15 days from receipt of notice. The petitioner No.2-Karamjit Singh was convicted under Section 138 of the N.I. Act vide judgment of conviction and order or sentence both dated 30.08.2019 to undergo rigorous imprisonment for a period of one year and six months and to pay amount of Rs.2,00,000/- as compensation. The appeal filed by the petitioners-accused was dismissed by learned Sessions Judge, Barnala vide judgment dated 18.10.2019. During pendency of the revision petition, the parties have compromised and the petitioners-accused have filed present application for grant of permission to compound the offence.
8. The application has been filed on the grounds that now the matter has been settled between the parties. Respondent-complainant has received entire cheque amount from the petitioners-accused and has no objection in case the petitioners-accused are acquitted of the offence. The petitioners-accused have accordingly prayed for grant of permission to compound the offence.
9. Learned Counsel for the respondent-complainant has admitted the factum of compromise.
10. I have heard learned Counsel for the petitioners and learned Counsel for respondent-complainant and gone through the relevant record.
11. Offence punishable under Section 138 of the N.I. Act is compoundable under Section 147 of the N.I. Act.
12. In JIK Industries Limited and others Vs. Amarlal V. Jumani and another : 2012(1) R.C.R. (Criminal) 822 it was held by Hon'ble Supreme Court that the basic procedure of compounding an offence laid down in Section 320 of the Cr.P.C. will apply to compounding of an offence under Section 141 of the N.I. Act.
13. Section 320(6) of the Cr.P.C. empowers the High Court acting in exercise of its powers of revision under section 401 to allow any person to compound any offence which such person is competent to compound under Section 320 of the Cr.P.C.
14. The petitioners-accused and respondent-complainant have compromised and settled the dispute between them. Respondent-complainant has already received the amount of the cheque from the petitioners-accused. Compromise will restore cordial relations between the parties and will also contribute to peace and harmony in the society. Therefore, applica
