IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRR-1336-2025 (O&M)

Date of decision: 16.02.2026 Barinderpal Singh @ Varinderpal Singh ...Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Impinder Singh Dhaliwal, Advocate for the petitioner.

Ms. Ruchika Sabherwal, Senior DAG, Punjab.

Mr. Naginder Singh Vashist, Advocate for respondent No.2/complainant.

MANISHA BATRA, J. (Oral)

1. CRM-44575-2025 Prayer in this application is for compounding the offence in view of the fact that the parties have amicably settled their dispute.

Since the prayer made in this application has direct bearing on the main revision petition, the application is disposed of and let the main case, which is also listed today, be taken up.

2. CRR-1336-2025 (O&M)

The present revision petition has been filed against the judgment of conviction and order on quantum of sentence, both dated 11.02.2019, passed by the Court of learned Sub Divisional Judicial Magistrate, Talwandi Sabo in criminal complaint bearing CIS No. COMA/237/2015, titled as The Bathinda Central Co-operative Bank Ltd. vs. Barinderpal Singh, filed under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (for short ‘N. I. Act’) read with Section 420 of IPC, whereby the petitioner was held guilty for commission of offence punishable under Section 138 of the N. I. Act and was sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.500/-. The petitioner has also laid challenge to the judgment dated 02.04.2025, passed by the Court of learned Additional Sessions Judge, Bathinda, whereby the appeal of the petitioner had been dismissed.

3. Brief facts of the case relevant for the purpose of disposal of this revision petition are that the petitioner had obtained a house loan to the tune of Rs.20,00,000/- from respondent No.2/complainant-Bank but failed to repay the same and committed default. In order to discharge his partial liability against the said loan, the petitioner issued a cheque for a sum of Rs.3,10,000/- in favour of respondent No.2/complainant with an assurance that the same would be honoured on presentation but it dishonoured due to ‘insufficient funds’. He was served with a legal notice dated 14.08.2015 but he failed to make payment within the time stipulated. Aggrieved from the same, the complainant filed the aforesaid complaint under Section 138 of N. I. Act, in which, the petitioner was held guilty and sentenced as mentioned above. His appeal too was dismissed by the learned appellate Court. Hence, the present revision petition.

4. Now the petitioner has filed aforesaid application bearing number CRM-44575-2025 for compounding the offence for which he has been held guilty and convicted.

5. It is argued by learned counsel for the petitioner that an amicable settlement has been arrived at between the petitioner and respondent No. 2/complainant. In pursuance of the said settlement, the entire disputed amount has been given by the petitioner to the respondent No. 2 and an NOC (Annexure A-1) has been issued to the petitioner in this regard. It is submitted that respondent No. 2 also admits the factum of the above stated settlement having been arrived between the parties and about receipt of entire disputed amount and, therefore, he deserves to be granted permission to compound the offence.

6. Learned counsel for respondent No. 2/complainant has affirmed the factum of receiving the entire disputed amount from the petitioner and has submitted that he has no objection if the offence is compounded in favour of the petitioner and the judgment of conviction and order of sentence recorded by learned trial Court and affirmed by learned appellate Court are quashed and set aside.

7. Section 147 of N. I. Act makes all offences under this Act as compoundable offences. It is well settled proposition of law by now that in view of the provisions contained under this Section read with Sectio