JUDGMENT :

Sanjay Vashisth, J.

CRM-28965-2025

Present application has been filed under Section 528 of BNSS, read with Section 482 Cr.P.C. for placing on record reply by way of short affidavit of respondent/complainant in response to the revision petition as well as application for compounding.

For the reasons enumerated in the application, same is allowed and the documents is taken on record. Registry is directed to tag the same at appropriate place with the paper-book.

CRR-1230-2025 (O&M)

1. Present revision petition has been filed against the order dated 13.01.2020 passed by learned Judicial Magistrate First Class, Bathinda, whereby appeal filed against the judgment and order of sentence dated 13.01.2020 passed by learned Judicial Magistrate First Class, Bathinda, convicting the petitioner for committing offence under Section 138 of the NI Act, sentenced to undergo rigorous imprisonment for a period of 01 year and to pay compensation amount of Rs.40,000/-i.e. the cheque amount alongwith interest 9% per annum, was dismissed.

2. During the pendency of the revision petition before this Court, dispute between the parties was amicably resolved, and thereupon, on 12.05.2025, following order was passed by this Court:-

'1. It is contended by counsel for the petitioner that vide judgment of conviction and order of sentence dated 13.01.2020, passed by Ld. JMIC, Bathinda, vide which, 'Sarabjit Kaur alias Babbu (petitioner herein), was ordered to undergo rigorous imprisonment for a period of one year along with compensation to the complainant 'Balwant Singh' (respondent herein) to the tune of cheque amount, i.e., Rs.40,000/- along with interest @ 9% per annum from the date of issuance of cheque in question. Thereafter, appeal filed by the petitioner, against the judgment of conviction and order of sentence dated 13.01.2020, before Ld. ASJ, Bathinda, was also dismissed, vide judgment dated 01.04.2025.

2. Counsel further submits that now the parties have settled their dispute, as the cheque amount has been paid back to the complainant/respondent - Balwant Singh, and accordingly, along with present criminal revision petition, one application, i.e., CRM-19244-2025, has also been filed for compounding offence u/s 138 of the Negotiable Instruments Act, 1881.

3. Notice of motion.

4. At this stage, Mr. J.K. Singla, Advocate, puts in appearance on behalf of the respondent and files his Vakatlanama in Court today, which is taken on record. He also affirms the submissions made here-above by counsel for the petitioner and also pleads no objection to the prayer made in the present revision petition.

A copy of the complete paper book has already been handed over to the learned counsel for the respondent in Court today.

5. List again on 10.07.2025. '

3. Learned counsel for complainant has filed affidavit of respondent and submits that monetary dispute between the petitioner and respondent is now settled. Counsel refers to paragraph No. 3 of the affidavit dated 19.07.2025, wherein, it has been categorically stated by the deponent that the disputed amount has been received by him and nothing remains due towards accused-Sarabjit Kaur @ Babbu. Counsel also submits that complainant has no objection, if the application for compounding of the offence is allowed and judgment dated 13.01.2020 is set aside.

For reference, paragraph Nos.2,3 and 4 of the affidavit dated 04.03.2025 are reproduced herebelow:

'1 .xxx

2. That in the above said case, the deponent has affected a compromise with aforesaid Sarabjit Kaur @ Babbu with the intervention of Panchayat and respectable members. The financial condition of Sarabjit Kaur Babbu being very poor, despite multiple attempts, Sarabjit Kaur Babbu was unable to pay the amount and now Sarabjit Kaur @ Babbu's appeal having been dismissed, therefore, the Panchayat members and others came to the complainant with the request for settling the matter saying that the amount is to be paid by them and that Sarabjit Kaur @ Babbu is not in a position