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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Parmal Singh – Appellant
Versus
Jaswinder Kumar – Respondent
JUDGMENT :
Sandeep Moudgil, J.
1. The present revision petition has been preferred against judgment dated 25.05.2022 passed by learned Sessions Judge, Patiala whereby, the appeal preferred against the judgment of conviction and order of sentence dated 14.05.2019 passed by Judicial Magistrate Ist Class, Rajpura, vide which the petitioner was convicted and sentenced to undergo a rigorous imprisonment for a period of one year for commission of offence under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'Act of 1881'), is dismissed.
2. On perusal of order dated 28.03.2025, it is evident that a compromise has been effected between the parties, which has been reduced into writing vide compromise deed dated 24.01.2025 (Annexure P-1) and on that account counsel for the petitioner submits that he does not want to challenge his conviction on merits.
3. Along-with the present petition, an application bearing CRM No. 13078-2025 has been filed by the applicant/petitioner under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 read with Section 147 of Act of 1881 for compounding of the offences, as compromise has already been effected between the parties, which
An offence under Section 138 of the Negotiable Instruments Act can be compounded even post-conviction if both parties consent, affirming the need for reformative justice.
The court has the power to compound the offence under Section 138 of the Negotiable Instruments Act, even after the conviction of the accused, based on the provisions of Section 147 of the Act and re....
The main legal point established is that the compounding of the offence under Section 138 of the Negotiable Instruments Act can be allowed based on a mutual compromise between the parties, leading to....
Section 362 of Code bars Criminal Courts from altering or reviewing its judgment or final order except to correct clerical or arithmetical error.
Negotiable Instruments Act's Section 138 allows for compoundable offences, emphasizing mutual settlement between parties as a basis for appeal success.
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