IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

245 Date of decision: 27.10.2025 GURLAL SINGH ......Petitioner VERSUS M/S KEWAL ARTS .......Respondent CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Mr. Rajat Dogra, Advocate for the petitioner.

(Through Video Conferencing).

Mr. Ashutosh Saklani, Advocate for Mr. Deepak Gupta, Advocate for the respondent.

*****

VINOD S. BHARDWAJ, J. (Oral)

1. The instant revision petition has been filed against the impugned judgment and order dated 22.03.2012 passed by the Judicial Magistrate First Class, Bathinda vide which the petitioner(s) has/have been convicted and sentenced to undergo rigorous imprisonment for a period of six months and fine of Rs. 1,000/- for the commission of offence under Section 138 of the Negotiable Instruments Act, 1881 and the impugned judgment dated 02.09.2013 passed by Sessions Judge, Bathinda vide which appeal preferred by the petitioner(s) has/have been dismissed but the quantum of sentence was modified from six months to four months.

2. The petitioner-accused owed a sum of Rs.35,000/- to the respondent-complainant and in discharge of his lawful liability, he issued cheque no. 636751 dated 19.07.2010 for State Bank of India, Sangat. However, the said cheque was dishonoured on presentation vide memo dated

20.07.2010.

3. The complainant then got served a Legal Notice dated 23.07.2010, calling upon the petitioner-accused to make the payment within 15 days of the receipt of legal notice. However, the same was not done and a complaint under Section 138 of the Negotiable Instruments Act came to be filed before the Special Judicial Magistrate, 1^st Class, Bathinda. The petitioner-accused pleaded not guilty and claimed trial. The complainant stepped into the witness box as CW-1 and reiterated the allegations made in the complaint. The complainant also produced documents Ex. C-1 Memo dated 20.07.2010, Ex. C-2 Original Cheque No. 636751 dated 19.07.2010 for Rs. 35,000/-, Ex. C-3 Memo dated 20.07.2010, Ex C-4 Deposit Voucher, Ex C-5 Postal Receipt, Ex. C-6 Legal Notice dated 23.07.2010 and proved the relevant documents.

4. Vide judgment and order of sentence dated 22.03.2012, the petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of six months alongwith a fine of Rs. 1,000/-. The petitioner filed an appeal against the abovesaid judgment of conviction and vide judgment dated 02.09.2013, the Sessions Judge, Bathinda dismissed the appeal but reduced the sentence awarded from six months to four months.

The present petition has thus been filed.

5. Learned counsel for the petitioner contends that after filing of the instant petition, the matter has been amicably resolved between the parties and entire due amount stands paid by the petitioner. He thus prays that the case in hand be permitted to be compounded as per Section 147 of the Negotiable Instruments Act. The relevant provisions of the Act reads thus:-

“147 Offences to be compoundable.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable.”

6. Today Mr. Ashutosh Saklani, Advocate for Mr. Deepak Gupta, Advocate appearing on behalf of respondent has acknowledged that the entire amount already stands remitted and that he has no objection to the offence being compounded under Section 147 of the Negotiable Instruments Act, 1881.

7. The issue regarding compounding under the Negotiable Instruments Act at the stage of appeal as well as revision has come before this court as well as before the Hon'ble Supreme Court and they have upheld that the powers under Section 147 of the Negotiable Instruments Act can be invoked at any stage of the proceedings i.e. at the stage of trial, appeal or at the revisional jurisdiction and that the courts should be liberal in exercising such powers.

8. It would be apposite to refer to the order passed by the Supreme Court in the matter of ‘Gian Chand Garg vs Harpal Singh