264 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1) CRM-34852-2025 &

CRM-34853-2025 in/and CRR-1442-2024 Date of decision: 24.09.2025 Rajender ....Petitioners Versus The Sonepat District Primary Co-Operative Agriculture and Rural Development Bank Ltd. ...Respondent

2) CRM-34786-2025 CRM-34787-2025 in/and CRR-1448-2024 Rajender ....Petitioners Versus The Sonepat District Primary Co-Operative Agriculture and Rural Development Bank Ltd. ...Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Rajender Singh Malik, Advocate for the applicant/petitioner.

Mr. Piyush Khanna, Addl.A.G., Haryana.

HARPREET SINGH BRAR, J. (ORAL)

CRM-34853-2025 in CRR-1442-2024 CRM-34787-2025 in CRR-1448-2024 Both the applications have been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for recalling/modifying the judgment dated 01.05.2025 (Annexure A-3) passed by this Court in view of Annexure A-6 vide which the matter has been settled between the respondent-

Bank and the petitioner(s).

In view of the averments made in the applications, the same are allowed and the judgment dated 01.05.2025 passed by this Court is hereby modified as the matter between the parties has been settled.

CRM-34852-2025 & CRR-1442-2024 CRM-34786-2025 & CRR-1448-2024

1. This common order shall dispose of the aforementioned criminal revision petitions as well as applications as they arise from a similar factual matrix. However, for the sake of brevity, the facts are taken from CRR-1442-

2024.

2. The criminal miscellaneous application(s) has been filed under Section 147 of the Negotiable Instruments Act (in short ‘NI Act’) for compounding of offence punishable under Section 138 of NI Act along with the present revision petition(s) for setting aside the impugned judgment/order dated 16.03.2020 passed by the learned Additional Sessions Judge, Sonepat, vide which the impugned judgment of conviction dated 29.01.2016 and order on quantum of sentence dated 30.01.2016 passed by the learned Judicial Magistrate 1^st Class, Sonepat, have been upheld.

3. The factual background of the case is that a complaint under Section 138 of the Negotiable Instruments Act was filed against the petitioner on the ground of dishonouring of cheque bearing No.564186 dated 31.12.2012 amounting to Rs.1,27,000/- issued in favour of the complainant/respondent by the petitioner in discharge of his liability and hence, the present complaint. Thereafter, the petitioner was summoned under Section 138 of NI Act by the learned trial Court. Vide judgment of conviction dated 29.01.2016 and order of sentence dated 30.01.2016, the petitioner was convicted and sentenced to undergo simple imprisonment for a period of three months and was further directed to pay compensation to the tune of Rs.2,54,000/- in CRR-1442-2024 and vide judgment of conviction dated 31.05.2018 and order on quantum of sentence dated 04.06.2018, the petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of five months and was further directed to pay compensation to the tune of Rs.1,42,000/- in CRR-1448-2024. Thereafter, the petitioner preferred an appeal against the said judgment of conviction and order on quantum of sentence before the learned Additional Sessions Judge, Sonepat, which was dismissed vide judgment dated 16.03.2020 upholding the judgment of conviction and confirmed the order of sentence.

4. Learned counsel for the petitioner submits that a compromise/settlement has been effected between the parties and the petitioner has deposited the compensation amount to the tune of Rs.2,54,000/- (in CRR- 1442-2024) and Rs.1,42,000/- (in CRR-1448-2024) with the respondent-Bank which has also been accepted by the complainant/respondent-Bank as full and final settlement. He further submits that the respondent-Bank has also issued certificates dated 01.08.2025 (in CRR-1442-2024) and 25.08.2025 (in CRR- 1448-2024) to the effect that the petitioner has deposited the compensation amount and nothin