IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Subhash Chander (Subhash) ...Petitioner(s).

Versus The Bhiwani District Primary Co-op. Agri. & Rural Dev. Bank Ltd. ...Respondent(s).

Judgment Judgment Operative Part Uploaded on reserved on pronounced on Pronounced or full

09.02.2026 18.02.2026 Fully pronounced 19.02.2026 CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA, Present: Mr. Ajay Kripal Singh, Advocate for the petitioner(s) through VC. Mr. Praveen Chauhan, Advocate for the respondent-Bank.

----

ANOOP CHITKARA, J.

Sentence imposed Simple imprisonment for three months and to pay compensation of Rs.3,00,000/- to the complainant.

1. Challenging the judgment dated 11.12.2018 passed by the Judicial Magistrate, Ist Class, Siwani, affirmed by the Court of Additional Sessions Judge, Bhiwani, dismissing the appeal vide judgment dated 28.10.2025, whereby the petitioner was convicted under Section 138 of Negotiable Instruments Act and sentenced, as mentioned above, the petitioner has come up before this Court by filing the present criminal revision petition.

2. Counsel for the petitioner submits that petitioner has paid the entire loan amount along with interest and nothing is to be paid by him and he would be contended and satisfied if the sentenced awarded to the petitioner is reduced to the period already undergone by him.

3. Vide order dated 09.02.2026, counsel for the respondent-Bank has duly conceded that the entire loan amount has been deposited along with interest, in compliance with order dated 02.12.2025 of this Court.

4. I have heard learned counsel for the parties and have perused the relevant material placed on record.

5. As submitted by counsel for the parties, the petitioner-accused has paid the entire loan amount along with interest and now, nothing is due towards the respondent-

Bank, which is conceded by learned counsel for respondent-Bank.

6. The object and purpose of proceeding initiated under the Negotiable Instruments Act is to provide a compensatory mechanism for expeditious recovery of money and not just punishing the offender, which is a secondary concern.

7. Even otherwise, offence punishable under Section 138 of the Act is a compoundable offence. As in the present case, the petitioner-accused has duly paid the entire loan amount along with interest, his substantive sentence deserves to be reduced to the period already undergone.

8. For the foregoing reasons, the above-mentioned revision petition is partly allowed and the substantive sentence of the petitioner-accused is reduced to the period already undergone by him which is per record is more than one month, as he was taken in custody on 28.10.2025 by the Appellate Court and ordered to release on 02.12.2025 by this Court. His bail/surety bonds stand discharged. All pending CRM(s), if any, are also disposed of accordingly.

(ANOOP CHITKARA)

18.02.2026 JUDGE Ak Whether speaking/reasoned? : Yes Whether reportable? : No