IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

240 Date of decision: 11.02.2026 Ashwani @ Ashwani Sharma ...Petitioner(s)

VERSUS Ashok Kumar and another ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Pankaj Bali, Advocate for the petitioner(s).

Mr. Rajinder K. Singla, Advocate for Mr. Ankit Aggarwal, Advocate for respondent No.1-complainant.

Mr. Paras Talwar, Sr. DAG Haryana.

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VINOD S. BHARDWAJ, J. (Oral)

1. The instant revision petition has been filed against the impugned judgment and order of sentence dated 20.03.2018/21.03.2018 passed by the Judicial Magistrate 1st Class, Karnal vide which the petitioner had been convicted and sentenced to undergo rigorous imprisonment for a period of 06 months and to pay a compensation equivalent to the cheque amount of Rs.1,00,000/- to the complainant for the commission of offence under Section 138 of the Negotiable Instruments Act, 1881 and the impugned order dated 02.04.2022 passed by the Additional Sessions Judge, Karnal vide which the appeal preferred by the petitioner has been dismissed for want of prosecution.

2. The petitioner-accused and respondent-complainant had a friendly relationship, and the petitioner-accused borrowed a sum of Rs.1,00,000/- from the respondent-complainant to fulfil his domestic and personal needs with an assurance to repay the same in the 1^st week of January 2016. In discharge of his lawful liability, the petitioner issued cheque no. 242303 dated 29.01.2016 amounting to Rs.1,00,000/- drawn at Punjab National Bank, Phoosgarh Road, Karnal from his account bearing No.7438000100019537 in favour of the respondent-complainant. However, the said cheque was dishonoured on presentation vide memo dated 01.02.2016 and returned with remarks ‘opening balance insufficient/funds insufficient’.

3. The complainant then got served a legal Notice dated 17.02.2016, calling upon the petitioner-accused to make the payment within 15 days of the receipt of the 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 Judicial Magistrate 1st Class, Karnal. On the basis of the preliminary evidence led by the complainant-respondent on 14.03.2016 and on finding sufficient grounds, the petitioner-accused was summoned to face trial for the commission of an offence under Section 138 of the Negotiable Instruments Act, 1881. The petitioner-accused was served with a notice of accusation on 01.05.2017, to which he pleaded not guilty and claimed trial. The complainant stepped into the witness box as CW1, reiterated the allegations made in the complaint and closed his preliminary evidence. The complainant also proved the relevant documents.

4. Vide judgment and order of sentence dated 20.03.2018/21.03.2018, the petitioner-accused was convicted and sentenced to undergo rigorous imprisonment for a period of 06 months and to pay a compensation equivalent to the cheque amount of Rs.1,00,000/- to the complainant for the commission of an offence under Section 138 of the Negotiable Instruments Act, 1881. The petitioner filed an appeal against the above-said judgment of conviction, and, vide order dated 02.04.2022, the Additional Sessions Judge, Karnal, dismissed the appeal. The present petition has thus been filed.

5. Learned counsel for the petitioner contends that the matter has already been settled between the parties and the petitioner has cleared all the dues, even 15% of the cheque amount has also been paid as per the judgment passed in Damodar S. Prabhu v. Sayed Babalal H., reported as (2010) 5 SCC 663. Therefore, he prays that the case in hand be permitted to be compounded as per Section 147 of the Negotiable Instruments Act. The relevant provision 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. Learned counsel appearing on