IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

121+231 CRR-1029-2025 (O&M)

Date of decision: 02.07.2025 Bhola Singh ...Petitioner Versus Harpreet Singh ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Ms. Prabhjot Kaur, Advocate for the applicant-petitioner.

Mr. Rajeshwar Singh, Advocate and Mr. Sanjay Singh, Advocate for the respondent.

MANISHA BATRA, J. (Oral)

1. CRM-21362-2025 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-1029-2025 (O&M)

The present revision petition has been filed against the judgment of conviction and order on quantum of sentence, both dated 18.09.2019, passed by the Court of learned Judicial Magistrate First Class, Talwandi Sabo in complaint bearing No. COMA/114/2015, titled as Harpreet Singh vs. Bhola Singh, filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (for short ‘N. I. Act’), 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 02 years and to pay fine of Rs. 2,000/- and also to pay compensation to the tune of the cheque amount along with interest @ 9% per annum from the date of judgment. The petitioner has also laid challenge to the judgment dated 01.03.2025, 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 issued a cheque bearing No. 456492 dated 13.01.2015 for Rs. 3,90,000/- in favour of the respondent/complainant in discharge of his legal liability 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 03.03.2015 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-21362-2025 for compounding the offence for which he has been held guilty and convicted. Vide order dated 15.05.2025, the sentence of the petitioner was suspended keeping in view the fact that the matter stands compromised between the parties.

5. It is argued by learned counsel for the petitioner that an amicable settlement has been arrived at between the petitioner and the respondent/complainant, vide affidavit dated 30.04.2025, sworn by the respondent. In pursuance of the said settlement, the entire disputed amount has been given by the petitioner to the respondent. It is submitted that respondent 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 the respondent/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 Section 320 of Cr.P.C., a compromise arrived inter