116+258 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-1408-2024 (O&M)

Date of Decision:11.02.2025 Kulveer Singh ...Petitioner Versus Anu Goyal and another ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Manpreet Singh Bhatti, Advocate and Ms. Supriya Arora, Advocate for the petitioner.

Mr. Gurmeet Singh, Advocate for Mr. Anish Verma, Advocate for the complainant/respondent No.1.

Mr. Rishabh Singla, AAG, Punjab.

***

HARPREET SINGH BRAR , J. (ORAL)

CRM-48188-2024 in CRM-44922-2024 Application under Section 528 of BNSS has been filed for placing on record fresh compromise dated 30.11.2024 properly scribed and signed by the parties as (Annexure A-4), which is taken on record subject to all just exceptions.

CRM stands disposed of.

CRM-44922-2024 This is an application under Section 147 of the Negotiable Instruments Act, 1881 read with Section 528 of BNSS for compounding of offence on the basis of compromise dated 30.11.2024 (Annexure P-4) while allowing the revision petition setting aside the judgment of conviction and order of sentence of the petitioner.

Learned counsel for the petitioner, inter alia, contends that the petitioner has been convicted under Section 138 of the Negotiable Instruments Act, 1881 by the learned Additional Chief Judicial Magistrate, Fatehgarh Sahib vide impugned judgment dated 05.10.2019 whereby he was sentenced to undergo R.I. for a period of 01 year and he was also directed to pay a compensation of Rs.9,50,000/- to the complainant-respondent.

The petitioner preferred an appeal before the Ld. Additional Sessions Judge, Fatehgarh Sahib but the same was dismissed vide judgment dated 18.07.2024. Thereafter, a compromise was effected between the parties initially on 19.09.2024 (Annexure A-1) and subsequently on 30.11.2024 (Annexure P-4).

Learned counsel for respondent No.1 submits that he has ‘No-

objection’ in case, the present application for compounding of the offence under Section 138 of NI Act is allowed as respondent No.1 has already settled the amount in terms of the compromise.

Accordingly, the present application is allowed.

CRR-1408-2024

1. This revision petition has been preferred against the judgment dated 18.07.2024 passed by learned Additional Sessions Judge, Fatehgarh Sahib vide which judgment of conviction and order on quantum of sentence dated 05.10.2019 passed by the learned Additional Chief Judicial Magistrate, Fatehgarh Sahib, in a complaint case filed under Section 138 of Negotiable Instruments Act, 1881, have been upheld.

2. Learned counsel for the petitioner submits that after filing of the instant revision petition a compromise has been effected between the parties initially on 19.09.2024 (Annexure A-1) and subsequently on 30.11.2024 (Annexure P-4).

3. Learned counsel for respondent No.1 submits that respondent No.1 has already received the entire settled amount and has no-objection in case the petitioner be acquitted of the notice of accusation and judgments and order of sentence are set aside.

4. After giving my thoughtful consideration to the submissions put forth by all sides and on careful perusal of the material on record, it transpires that the petitioner has deposited the above said amount to the complainant- respondent No.1. Hence, this Court is inclined to accept the prayer made by the petitioner.

5. Pertinently, the amendment carried out in the year 2002 in the N.I. Act intended to make the nature of offence under Section 138 of the N.I. Act as a civil wrong while making it compoundable. A two Judge Bench of the Hon’ble Supreme Court in Meters and Instruments Private Limited and another Vs. Kanchan Mehta (2018) 1 SCC 560, speaking through Justice A.K.

Goel has held as under:-

“7. This Court has noted that the object of the statute was to facilitate smooth functioning of business transactions. The provision is necessary as in many transactions’ cheques were issued merely as a device to defraud the creditors. Dishonour of cheque causes incalculable loss, in