IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KAMALJIT KAUR – Appellant
Versus
THE KHANNA PRIMARY CO-OP. AGRI. DEV. BANK LTD – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR-3139-2025 (O&M)
Date of decision: 05.01.2026
Kamaljit Kaur
...Petitioner
Versus
The Khanna Primary Co-op. Agri. Dev. Bank Ltd.
...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Ramandeep Singh Gill, Advocate for the petitioner.
Mr. Shivam Dang, Advocate for respondent.
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VIKAS BAHL, J. (ORAL)
CRM-53335-2025
1. This is an application filed under Section 528 of BNSS for preponement of the date of hearing in the main criminal revision as well as
application for suspension of sentence which are fixed for 05.02.2026.
2. Learned counsel for the applicant-petitioner as well as learned counsel for the respondent-Bank have jointly submitted that the matter has been amicably settled and have jointly prayed that the matter be preponed
from 05.02.2026 to today.
3. In view of the joint request made and also in view of averments made in CRM-53335-2025, the present application bearing No.CRM- 53335-2025 is allowed and date of hearing in the main case as well as in the
application for suspension of sentence is preponed from 05.02.2026 to today and are taken on Board today itself for final disposal.
CRR-3139-2025 and CRM-53339-2025
1. Challenge in the present criminal revision is to the judgment dated 28.03.2022 vide which the petitioner has been convicted under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as “the 1881 Act”). Relevant part of the order dated 28.03.2022 is reproduced hereinbelow:-
“19. Convict vide her separate statement has prayed that this is the first case against her and she is the first time offender. Lenient view may kindly be taken against her. Oral request has also been made to release the convict on probation of good conduct. However, taking into consideration the gravity of offence, I do not deem it proper to extend the benefit of probation to the convict. Therefore, in view of the facts and circumstances of the case, convict is sentenced under Section 138 of the Negotiable Instruments Act, 1881, to undergo Rigorous Imprisonment for a period of Two Years and to pay a fine of Rs.2,500/- (Two Thousand Five Hundered Only). In default of payment of fine, the convict shall further undergo Rigorous Imprisonment for a period of Fifteen Days. File is ordered to be consigned to Judicial Record Room, Khanna.
Pronounced in open court: Manni Arora, PCS
28.03.2022 (Unique Identification no. PB0313)
Sub Divisional Judicial Magistrate Khanna.”
2. A complaint under Section 138 of the 1881 Act was filed by the respondent-Bank on the averments that a sum of Rs.5,50,000/- was due recoverable from the present petitioner and in order to discharge her liability, the petitioner had issued a cheque dated 06.09.2018 for a sum of Rs.5,50,000/-. The petitioner had filed an appeal against the said judgment dated 28.03.2022 which was dismissed by the Additional Sessions Judge, Ludhiana, vide judgment dated 27.11.2025.
3. On 08.12.2025, when this matter came up for hearing, the Coordinate Bench of this Court passed the following order:-
“Present Mr.R.S.Gill, Advocate, for the petitioner.
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Learned counsel for the revisionist submits that revisionist is ready to compound the offence as per provisions of Section 138 of Negotiable Instruments Act.
Notice of motion of the application as well as of the main petition be issued to the respondent for 17.12.2025.
Dasti, as well.
08.12.2025”
4. During the pendency of the present criminal revision, CRM- 53339-2025 has been filed by the petitioner under Section 359 of the BNSS, 2023 read with Section 528 of the BNSS, 2023 seeking permission of the Court to compound the offences in the light of the compromise and NOC dated 23.12.2025 issued by the respondent. In the said application, it has been pleaded that the matter has been finally and amicably settled between the parties and the son of the petitioner on behalf of the petitioner, has paid an amount of Rs.10,25,644/- towards full and final settlement of all the claims including t
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