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CRM-30633-2024 in/and CRR-1524-2017 (O&M) -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-30633-2024 in/and CRR-1524-2017 (O&M)

Date of Decision : 25.03.2026

Avtar Singh ....Petitioner

VERSUS

Gurnam Singh and Another ....Respondents

CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU

Present: Mr. P.S.Jammu, Advocate and Mr. Gaurav, Advocate for the petitioner.

Mr. Anmol Sharma, Advocate for Mr. Rakesh Kumar, Advocate, for respondent No.1

Mr. Sahil Chowdhary, AAG, Punjab.

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MANDEEP PANNU J. (Oral)

1. The petitioner has filed the instant revision petition for setting aside the impugned judgment of conviction and order of sentence dated 19.09.2016, passed by the learned Judicial Magistrate Ist Class, Kapurthala whereby he has been convicted and sentenced to undergo rigorous imprisonment for a period of 02 years and to pay fine of Rs.5000/- and in default of fine to further undergo simple imprisonment of 20 days for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') as also the judgment dated 12.04.2017, passed by learned Addl. Sessions Judge, Kapurthala, vide which the appeal of the petitioner against the aforesaid judgment of conviction and order of

sentence dated 19.09.2016 has been dismissed.

TRIPTI SAINI

2026.03.25 20:13 I attest to the accuracy and integrity of this document

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2. The brief facts of the case are that the complainant is that accused had allegedly taken a loan of Rs.4 lac from the complainant for his domestic needs and in order to discharge his legal liability, the same allegedly issued a cheque bearing no.085952 dated 15.05.2013 amounting to Rs.4 lac in favor of the complainant, drawn at Capital Local Area Bank Ltd., Jalandhar Road, Kapurthala. On presentation of the aforesaid cheque for encashment, the same was returned as dishonored with memo dated 18.05.2013 with the reason "Funds Insufficient". Thereafter, the complainant also sent a legal notice dated 23.05.2013 despite which, the accused failed to make the payment. Hence, on the basis of what had allegedly transpired above, the complainant has been constrained to file the

complaint.

3. The petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of 02 years and to pay fine of Rs.5000/- and in default of fine to further undergo simple imprisonment of 20 days for the offence punishable under Section 138 of the Act by the learned Judicial Magistrate, Ist Class, Kapurthala, vide order dated 19.09.2016. Feeling aggrieved, the present petitioner has filed the appeal, which was dismissed by the learned Additional Sessions Judge, Kapurthala, vide order dated 12.04.2017. Hence the present

revision petition has been filed.

4. The petitioner has also filed an application i.e. CRM-30633-2024 under Section 147 of the Act read with Section 528 of BNSS/482 Cr.P.C, seeking permission from this Court to compound the offence and to acquit him of the

charges under Section 138 of Negotiable Instruments Act.

TRIPTI SAINI

2026.03.25 20:13 I attest to the accuracy and integrity of this document

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5. Learned counsel for the petitioner averred that during the pendency of the present revision petition, both the parties have compromised the matter before the Mediation Centre of this Court and in this regard complainant-respondent No.1 has filed his affidavit. Learned counsel further submits that the petitioner paid an amount of Rs.3,75,000/- as full and final settlement of the dispute. He further submits that the offence under Section 138 of the Negotiable Instruments Act is essentially a civil wrong given the colour of criminal offence and once the dispute has been amicably settled and the complainant has received a substantial amount in full and final settlement, the very foundation of the complaint ceases to exist. Learned counsel for the petitioner prays that both the aforesaid judgments pas