IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (120)

Date of decision: 04.02.2026 Harmesh Kumar Pahwa .... Petitioner V/s Bamdev Vashisth ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Pushpinder Kaushal Advocate, for the applicant-petitioner. Mr. Birinder Pal, Advocate, for the respondent.

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JASJIT SINGH BEDI, J. (Oral)

The present revision petition has been filed against the order dated 05.01,2026 passed by the Additional Sessions Judge, SAS Nagar vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 13.12.2019 passed by the Judicial Magistrate Ist Class, SAS Nagar, has been dismissed.

2. The brief facts of the case are that the accused-petitioner/Harmesh Kumar Pahwa had borrowed a sum of Rs.9,00,000/- from the complainant-respondent/Bamdev Vashsth. In order to repay the said amount alongwith interest i.e. Rs.11,00,000/-, the accused- petitioner issued three cheques i.e. cheque No.414306 dated 01.05.2017 for a sum of Rs.3 lacs, cheque No.008952 dated 06.05.2017 for a sum of Rs.3 lacs and cheque No.669110 dated 11.05.2017 for a sum of Rs.5 lacs in favour of the complainant-respondent. On presentation of the aforesaid cheques for encashment, the same were returned back dishonoured vide bank memo with the remarks “kindly contact drawer/drawee bank and please present again” and “refer to drawer”. The accused was served with a legal notice to make the payment of the aforesaid cheques amount within 15 days but he failed to make the same, leading to initiation of proceedings under Section

138 of the Negotiable Instruments Act.

3. In the complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the complainant, the petitioner-accused was summoned to face the trial. The evidence was led and ultimately, accused- petitioner was held guilty and accordingly, convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo rigorous imprisonment for a period of one year and to pay a compensation to the complainant to the tune of Rs.11,00,000/-.

4. That aggrieved against the said judgment of conviction and order of sentence, the petitioner preferred an appeal before the Additional Sessions Judge, SAS Nagar, which came to be dismissed on 05.01.2026.

5. Still aggrieved, the present revision petition has been preferred by the accused-petitioner. Alongwith the present criminal revision, an application (CRM-5647-2026) under Section 147 of the Negotiable Instruments Act, 1881 has been filed for permitting the compounding of the offences under Section 138 of the Negotiable Instruments Act as the parties have amicably settled the dispute with intervention of respectable persons of the society. In terms of the compromise arrived at between the parties, the accused-petitioner has made the entire payment i.e. Rs.8,00,000/- due to the complainant-respondent as full and final settlement of the dispute. It would be relevant to mention here that a reading of Section 147 of the Negotiable Instruments Act read with Section 320 Cr.P.C. would show that where a settlement has been effected, the offence under Section 138 of the Negotiable Instruments Act can be compounded on account of the fact that a mutual compromise has been effected between the parties.

6. The learned counsel for complainant-respondent contends that as the matter has been settled between the parties, he has no objection if the prayer made in the application for compounding the offence under Section 138 N.I. Act is allowed and the petitioner is acquitted of the charges framed against him.

7. I have heard the learned counsel for both the parties.

8. This Hon’ble Court in ‘Ramesh Chander Vs. State of Haryana and another, 2007(1) RCR (Criminal) 245’ held as under:-

“4. As per the provisions of Section 147 of the Act, the offence under Section 138 is compoundable. Section 147 reads as under:

“Offence to be compoundable-

Notwithstanding anyth