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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Sandeep Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar J. (Oral)
1. The petitioner has approached this Court by filing present petition under Section 482 of the Code of Criminal Procedure seeking quashing of the following on the basis of settlement/compromise in the shape of 'No Dues Certificate' dated 04.11.2022 (Annexure P-6): -
- Judgement of conviction dated 21.12.2016 and order of sentence dated 23.12.2016 (Annexure P-1) passed by learned Judicial Magistrate 1st Class, Hisar in criminal complaint no.387-11 of 2016 dated 04.03.2016 filed under Section 138 of the Negotiable Instruments Act, 1881, whereby, the petitioner has been sentenced to undergo simple imprisonment for one year and to pay the cheque amount as compensation to the complainant, and
- Order dated 15.11.2019 (Annexure P-2) passed by the learned Additional Sessions Judge, Hisar, whereby, the appeal filed by the petitioner against the abovesaid judgement of conviction has been dismissed, and
- Order dated 25.11.2021 (Annexure P-4) passed by learned Judicial Magistrate 1st Class, Hisar vide which the petitioner has been declared a 'proclaimed person' as well as subsequent FIR No.209 (Annexure P-5) dated 07.05.2022 under Section 174-A IPC regist
Section 138 of the Negotiable Instruments Act allows for compounding of offenses upon mutual consent of the parties, emphasizing compensatory over punitive aspects.
The compounding of the offence under Section 138 N.I. Act is permissible without the consent of the complainant if the accused has been duly compensated, and the Court can use its inherent powers und....
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