IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Ram Saran – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
Present petition has been preferred against the judgment of conviction dated 17.12.2024 passed by learned Addl. Sessions Judge, Faridabad vide which judgment of conviction and order of sentence dated 17/19.08.2017 passed by learned Judicial Magistrate 1st Class, Faridabad were upheld in a complaint case filed under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').
2. On 30.01.2025, this Court passed the following order:
'This is an application filed under Section 438 of BNSS 2023 seeking suspension of sentence of the applicant/petitioner-Ram Saran during the pendency of appeal, who has been convicted under Section 138 of Negotiable Instruments Act and awarded imprisonment for one year and imposed compensation of Rs. 3,00,000/- to be paid to the complainant-respondent No. 2, vide judgement of conviction and order on quantum of sentence dated 17.08.2017/19.08.2017 passed by learned Judicial Magistrate 1st Class, Faridabad and the said judgment of conviction and order of sentence have been upheld by learned Additional Sessions Judge, Faridabad vide judgment dated 17.12.2024, in complaint case filed under of Ne
Ghanshyam Gautam and another vs. Usha Rani (since deceased) through LRs
Meters and Instruments Private Limited and another Vs. Kanchan Mehta
Full payment of compensation allows for compounding under Section 138 of the NI Act, leading to acquittal.
Section 138 of the Negotiable Instruments Act allows for compounding of offenses upon mutual consent of the parties, emphasizing compensatory over punitive aspects.
The court determined that offenses under the Negotiable Instruments Act can be compounded post-conviction, overriding standard compounding rules in the CrPC, based on a settlement between the parties....
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