IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

229-A

CRR-3130-2019 (O&M)

Date of decision: 08.02.2021

M/s K.R. Punni Agriculture Works and another

.....Petitioners

Versus

M/s Pakho Ball Bearing and Belt Store

.....Respondent

CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI

Present :

Mr. Amaninder Preet, Advocate

for the applicants/petitioners.

Ms. Nitika Jaura, Advocate

for the respondent.

****

ARUN KUMAR TYAGI, J (ORAL)

CRM-1484-2021

The applicants/petitioners have filed the present

application under Section 482 of the Code of Criminal Procedure, 1973

(for short 'the Cr.P.C.') for pre-ponement of the date i.e. 03.05.2021

fixed in the main case to some early date i.e. prior to 22.01.2021 as the

parties have compromised the matter and the petitioners have paid the

entire amount of cheque in question and parole of the petitioner is

going to expire on 22.01.2021.

Learned Counsel for the respondent has no objection if the

application is allowed.

In view of the reasons mentioned in the application and no

objection by learned Counsel for the respondent, the application qua

prayer for earlier hearing is allowed and the main case is pre-poned for

today.

CRM-1483-2021

For the reasons mentioned in the application, the same is

allowed and the applicants/petitioners are exempted from filing

certified/typed copy of compromise dated 14.01.2021 which is taken on

record as Annexure A-1.

VINOD KOTHIYAL

2021.02.09 17:38

I attest to the accuracy and

authenticity of this document

CRR-3130-2019 (O&M)

-2-

CRM-1485-2021

The applicants/petitioners have filed the present

application under Section 320 read with Section 482 of the Cr.P.C. with

Section 147 of the Negotiable Instruments Act, 1881 (for short 'the N.I.

Act') for grant of permission to compound the offence.

Briefly stated the facts giving rise to the filing of the

present application are that respondent No.2 filed Complaint NACT

No.443 of 2013 titled as 'M/s Pakho Bearing and Belt Store Vs. M/s KR

Punni Agriculture Works and another' on the ground of dishonour of

cheque No.437639 dated 25.09.2012 for Rs.2,00,000/- issued by the

petitioners-accused in discharge of subsisting legal liability with

remarks 'insufficient funds' and non-payment of the amount of the

cheque by the petitioners-accused within 15 days from receipt of notice.

The petitioner No.2-Karamjit Singh was convicted under Section 138

of the N.I. Act vide judgment of conviction and order or sentence both

dated 30.08.2019 to undergo rigorous imprisonment for a period of one

year and six months and to pay amount of Rs.2,00,000/- as

compensation. The appeal filed by the petitioners-accused was

dismissed by learned Sessions Judge, Barnala vide judgment dated

18.10.2019. During pendency of the revision petition, the parties have

compromised and the petitioners-accused have filed present application

for grant of permission to compound the offence.

The application has been filed on the grounds that now the

matter has been settled between the parties. Respondent-complainant

has received entire cheque amount from the petitioners-accused and has

no objection in case the petitioners-accused are acquitted of the

offence. The petitioners-accused have accordingly prayed for grant of

permission to compound the offence.

Learned Counsel for the respondent-complainant has

admitted the factum of compromise.

I have heard learned Counsel for the petitioners and

learned Counsel for respondent-complainant and gone through the

relevant record.

Offence punishable under Section 138 of the N.I. Act is

VINOD KOTHIYAL

2021.02.09 17:38

I attest to the accuracy and

authenticity of this document

CRR-3130-2019 (O&M)

-3-

compoundable under Section 147 of the N.I. Act.

In JIK Industries Limited and others Vs. Amarlal V.

Jumani and another : 2012(1) R.C.R.(Criminal) 822 it was held by

Hon'ble Supreme Court that the basic procedure of compounding an

offence laid down i