IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harpreet Singh Brar, J.
Harvinder Pal Singh And Others – Appellant
Versus
Rajinder Kaur – Respondent
CRR-2717-2024 (O&M) and CRR-2716-2024 (O&M)
Decided on : 30-07-2025
JUDGMENT :
Harpreet Singh Brar, J.
This common order shall dispose of the aforementioned revision petitions as they arise from a similar factual matrix. However, for the sake of brevity, the facts are taken from CRR-2717-2024.
2. The present revision petition(s) has been filed for setting aside the impugned judgment dated 23.12.2024 passed by the learned Additional Sessions Judge, Chandigarh, vide which the appeal(s) filed by the petitioner(s) against the impugned judgment of conviction and order of sentence dated 31.10.2018 (in CRR-2717-2024) and impugned judgment of conviction dated 04.07.2017 and order of sentence dated 05.07.2017 (in CRR-2716-2024) passed by the learned Judicial Magistrate 1st Class, Chandigarh, has been dismissed.
3. The factual background of the case is that a complaint under Section 138 of NI Act was filed against the petitioner(s) on the ground of dishonouring of a cheque bearing No.394012 dated 30.09.2015 amounting to Rs.10,00,000/- (in CRR-2717-2024) and a cheque bearing No.104741 dated 30.08.2015 amounting to Rs.15,00,000/- (in CRR-2716-2024), issued in favour of the complainant/respondent by the petitioner(s) in discharge of his/her liability. Further, the petitioner(s) was summoned under Section 138 of NI Act vide summoning order. Vide judgment of conviction and order of sentence dated 31.10.2018 (in CRR-2717-2024) and impugned judgment of conviction dated 04.07.2017 and order of sentence dated 05.07.2017 (in CRR-2716-2024), petitioners, namely, Harvinder Pal Singh and Charanjit Kaur, were convicted and sentenced to undergo rigorous imprisonment for a period of 06 months and 02 years, respectively and were further directed to pay compensation to the tune of Rs.10,00,000/- and Rs.15,00,000/-, respectively. Thereafter, the petitioner(s) preferred an appeal(s) against the said judgment of conviction and order of sentence before the learned Additional Sessions Judge, Chandigarh, which was dismissed vide judgment dated 23.12.2024 and the learned Appellate Court upheld the respective judgment of conviction and confirmed the order of sentence.
4. Learned counsel for the petitioner(s) submits that during the pendency of the present revision petition, a compromise has been effected between the parties before the Mediation and Conciliation Centre of this Court on 15.05.2025 and the settlement is reproduced as below:-
a) It is mutually agreed between the parties that the present settlement shall be arrived at, by the first party making a payment of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to the second party as full and final settlement to the present dispute.
b) It is mutually agreed between the parties that the first party had paid an amount of Rs.5,00,000/- (Rupees Five Lakhs only) duly received by the second party, which is also recorded in the order dated 10.01.2025 passed in CRR-2716 of 2024 and CRR-2717 of 2024.
c) The first party has brought two demand drafts No.005611 and 005610 dated 13.05.2025 of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand only) and Rs.2,40,000/- (Rupees Two Lakhs Forty Thousand only) respectively drawn on Axis Bank in favour of second party/Rajinder Kaur, which have been handed over to the second party today i.e. 15.05.2025 in the Mediation & Conciliation Centre upon arriving at the present settlement. Photo copy of the demand drafts is attached herewith.
d) It has been mutually agreed between the parties that the remaining balance amount of Rs.16,00,000/- (Rupees Sixteen Lakhs only) shall be paid by the first party to the second party in Bank Account of the second party-Rajinder Kaur in Account No.55620100000142, Bank of Baroda branch Sector-30, Chandigarh, IFSC Code-BARBOSECTOE (Fifth character is Zero) photocopy of the cheque mentioning bank details is attached herewith, on or before the following dates:-
(i) First instalment of Rs.4,00,000/- (Rupees Four Lakhs only) shall be paid on or before 15.07.2025.
(ii) Second instalment of Rs.4,00,000/- (Rupees Four Lakhs only) shall be p
Section 138 of the Negotiable Instruments Act allows for compounding of offenses upon mutual consent of the parties, emphasizing compensatory over punitive aspects.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.