Balwinder Singh vs Palwinder Singh - 2023 Supreme(P&H) 2401

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2401

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI, J.
Balwinder Singh – Petitioner
Versus
Palwinder Singh – Respondent
CRR-1238 of 2020
Decided On : 09-02-2023

Advocates Appeared:
Mr. Sultan Singh Gill, Advocate; For the Petitioner
Mr. B.S. Randhawa, Advocate; For the Respondent

Headnote:(A) Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code, 1973 - Sections 320 and 401 - Revision petition against conviction under Section 138 NI Act - Petitioner’s conviction was upheld by the Additional Sessions Judge, after conviction by Judicial Magistrate for dishonor of cheque - Compromise was achieved between the parties, with the complainant stating no objection to compounding the offence - Condonation of delay in filing the revision petition granted due to health issues of petitioner. (Paras 2-12)

(B) Offence under Section 138 NI Act - The offence is compoundable as per Section 147 of the NI Act, allowing acquittal upon mutual settlement of disputes - Principles of compounding emphasized through reference to prior case laws reinforcing the position. (Paras 9-12)

Facts of the case:
The petitioner was convicted under Section 138 of the NI Act, sentenced to one year of rigorous imprisonment and fined, which was challenged in revision. Post-judgment, an agreement was made to settle all disputes with full payment made to the complainant.

Findings of Court:
The parties voluntarily settled their dispute, fulfilling the legal requirement for compounding under Section 147 NI Act.

Issues: Determining whether the compromise allows for acquittal under the provisions of the NI Act.

Ratio Decidendi: The court emphasized that offenses under Section 138 being compoundable permit acquittal when settled, highlighting the precedence of mutual resolutions in such legal contexts.

Result: Revision petition allowed; judgments set aside; petitioner acquitted.

Table of Content
1. revision petition filed against lower court convictions. (Para 1 , 2 , 3 , 4)
2. application for condonation of delay due to circumstances. (Para 5)
3. compromise between parties allowing acquittal. (Para 6 , 7)
4. court's analysis on compounding the offence. (Para 8 , 9 , 10 , 11)
5. petitioner acquitted based on settlement. (Para 12)

JUDGMENT

Jasjit Singh Bedi, J.

The present revision petition has been filed against the judgment dated 01.08.2016 passed by the Additional Sessions Judge, Amritsar, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 01.12.2014 passed by the Judicial Magistrate, 1st Class, Ajnala has been dismissed.

2. The brief facts of the case are that the petitioner faced trial in Criminal Complaint No.88/2010 dated 05.04.2010 titled as ' Palwinder Singh v. Balwinder Singh " under section 138 of the Negotiable Instruments Act and came to be convicted and sentenced as below:-

Name	Offence	Punishment	Fine	In Default
Balwinder Singh	138 NI Act	R.I. 01 year	Rs.2,80,000/-	--

3. Aggrieved against the said judgment of conviction and order of sentence, the petitioner preferred an appeal before the Additional Sessions Judge, Amritsar, which came to be dismissed on 01.08.2016.

4. Against the aforementioned judgments, the present revision petition has been preferred.

5. When this matter had come up for hearing on 18.12.2020, the following order was passed:-

"Case is taken up through Video Conferencing on account of COVID-2019.

CRM-27710-2020

This is an application filed under Section 5 of the Limitation Act for condonation of delay of 1232 days in filing the present criminal revision petition.

Learned counsel for the petitioner states that after passing of the judgment on 01.08.2016, the petitioner has suffered a bullet injury. He remained in a critical condition. Thereafter, there was a talk of the compromise with the complainant. Ultimately, a compromise dated 21.10.2020(Annexure P-2) was entered into with the complainant

In terms thereof, the petitioner has paid the entire amount to the complainant.

Learned counsel for the complainant states that he has no objection to the condonation of delay.

Accordingly, this application is allowed and the delay of 1232 days in filing the present criminal revision petition is condoned.

CRM-27711-2020

Prayer in the instant application filed under Section 397(1) read with Section 482 Cr.P.C is for suspension of sentence of the petitioner-Balwinder Singh, during the pendency of the present revision petition.

Vide judgment and the order of sentence dated 01.12.2014 passed by Ld. Judicial Magistrate Ist Class, Ajnala, the petitioner has been convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for one year and to pay Rs. 2,80,000/- as compensation to the respondent-complainant. The appeal against the said judgment and the order of sentence was dismissed by the Ld. Addl. Sessions Judge, Amritsar, vide order dated 01.08.2016. Thereafter, the matter has been compromised with the respondent-complainant. A copy of the said compromise has been annexed as Annexure P-2 with the main revision petition.

Keeping in view the fact that the matter has been compromised with the respondent-complainant, the present application is allowed. It is ordered that the remaining sentence of the petitioner-Balwinder Singh shall remain suspended during the pendency of this revision petition on his furnishing bail bonds and surety bonds to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate. CRR-1238-2020.

Adjourned to 15.04.2021."

6. The learned counsel for the petitioner contends that a compromise has been arrived at between the parties as is borne out from Annexure P-2. Therefore, the offence can be compounded in terms of section 147 of the Negotiable Instruments Act and the petitioner may be acquitted for having committed the offence in question

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