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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Bhupinder Kumar @ Bupinder Kumar – Appellant
Versus
Ramesh Kumar – Respondent
JUDGMENT :
Anoop Chitkara, J.
Criminal Complaint | No. NACT-88-2016 under Section 138 of the Negotiable Instruments Act. Date of decision: 15.04.2021 |
Criminal Appeal | CRA/11/2021Addl. Sessions Judge-II, Kapurthala. Date of decision: 13.02.2025. |
Convict's name | Penal provision | Sentence |
Bhupinder Kumar | S. 138 of the Negotiable Instruments Act, 1881 | R.I. for one year and to pay compensation of Rs.2,80,000/- |
1. The petitioner, who stands convicted by the trial Court for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (NIA) and said judgment having been affirmed by the Sessions Court, has come up before this Court under Section 442 BNSS seeking setting aside of judgment of conviction and order of sentence based on the compromise deed dated 7.3.2025 (Annexure P-1) entered between the parties.
2. Given the statement made by the counsel for the parties that a compromise has taken place between the parties, this Court vide order dated 9.9.2025, asked the parties to appear before the concerned Court and get their statements recorded and had asked the said Court to give its report as per the format. The report dated 25.9.2025 of Sub Divisional Judicial Magistrat
Compounding of offences under Section 138 of the Negotiable Instruments Act can be permitted at any stage, including post-conviction, emphasizing compensatory justice over punitive measures.
The High Court can annul convictions under the Negotiable Instruments Act based on joint compromises, emphasizing compensatory justice over punitive measures in cheque dishonour cases.
Offences under the Negotiable Instruments Act can be compounded at any stage, including post-conviction, emphasizing the compensatory nature of the law over punitive measures.
The court affirmed that offences under the Negotiable Instruments Act are compoundable at any stage, including post-conviction, prioritizing compensation over punishment.
The court affirmed that offences under the Negotiable Instruments Act are compoundable at any stage, including post-conviction, prioritizing compensation over punishment.
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....
Point of law: Dishonour of Cheque – Compounding of offence on payment
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