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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Mahipal – Appellant
Versus
Amit Kumar – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
The present revision petition has been preferred against judgment dated 09.04.2024 passed by learned Sessions Judge, Ambala, whereby judgment of conviction dated 30.11.2019 and order of sentence dated 04.12.2019 passed by learned Judicial Magistrate Ist Class, Naraingarh have been upheld in case stemming from complaint bearing CIS No.NACT-188 of 2015 titled as Amit Kumar vs. Mahipal', filed under Section 138 of Negotiable Instruments Act (hereinafter referred to as NI Act'), and all the subsequent proceedings arising therefrom.
2. Brief facts of the present case are that the petitioner had borrowed an amount of Rs.1,35,000/- from the respondent No.1 on 10.01.2014. Thereafter on 16.01.2015, he further borrowed an amount of Rs.2,00,000/-with the assurance that he would return the said amount. On 16.01.2015, the petitioner also executed a writing in presence of marginal witnesses acknowledging the loan amount. In discharge of the said liability, he issued two post-dated cheques bearing Nos.197245 and 197246 for an amount of Rs.3,35,000/- upto 16.07.2015 drawn on Haryana Gramin Bank, Patvi, in favour of the complainant. When the said cheques were
Section 138 of the Negotiable Instruments Act allows for compounding of offenses upon mutual consent of the parties, emphasizing compensatory over punitive aspects.
Full payment of compensation allows for compounding under Section 138 of the NI Act, leading to acquittal.
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