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(2025) Law Today Live Doc. Id. 20398 = 2025:PHHC:121196
Decided on: 05.09.2025
Present:
Mr. Rajat Dogra, Advocate for the petitioner(s).
Mr. Gurmandeep Singh, Advocate for the respondent.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 147 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 438, 442 -- Cheque bounce case -- Compromise after conviction at revision stage – Acquittal – Complainant and the petitioner have amicably resolved the matter -- Judgment of conviction and order of sentence passed by the learned trial Court, as affirmed by the learned Appellate Court set aside -- Petitioner/ accused acquitted of all the charges framed against him.
(Para 7-9)
Cases referred:
1. Gian Chand Garg v. Harpal Singh and Another (Arising out of Special Leave Petition (Criminal) No. 8050 of 2025) decided on 11.08.2025.
2. B.V. Seshaiah v. State of Telangana & Anr. (2023) SCC OnLine SC 96.
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SURYA PARTAP SINGH, J. –
1. Vide abovementioned revision petition, the petitioner – Manjit Singh alias Manjit Singh Grewal is assailing the judgment dated 01.08.2025, passed by the Court of learned Additional Sessions Judge, Ludhiana, vide which an appeal filed by him against the judgment of conviction and order of sentence dated 21.11.2019 passed by the Court of learned Judicial Magistrate Ist Class, Ludhiana, has been dismissed.
2. The learned trial Court, vide above-mentioned judgment of conviction and order of sentence, has convicted the petitioner for the commission of offence punishable under Section 138 of Negotiable Instruments Act, 1881, and has sentenced him to undergo rigorous imprisonment for a period of one year and to pay a compensation of Rs.3,00,000/- to the complainant. It has been further directed that in case of default, he shall undergo simple imprisonment for a period of one month.
3. In instant revision petition, the learned counsel for the petitioner prays for compounding of offence on the ground that the parties have amicably resolved their issues and that the matter has been fully compromised.
4. Heard.
5. The learned counsel for the respondent/complainant has endorsed the factum of compromise, and submitted that the respondent has no objection if the impugned judgments are set aside.
6. The record has been perused carefully.
7. The Hon’ble Supreme Court in the case of Gian Chand Garg v. Harpal Singh and Another (Arising out of Special Leave Petition (Criminal) No. 8050 of 2025) decided on 11.08.2025, has observed that it is very clear that although dishonour of cheque entails criminal consequence, the legislature by virtue of section 147 of the NI Act has made it compoundable notwithstanding the provisions of the Code of Criminal Procedure, 1973 and the same can be compounded at any stage of the proceedings especially when the parties have themselves arrived at a voluntary compromise.
8. In another case i.e. in the case of B.V. Seshaiah v. State of Telangana & Anr. (2023) SCC OnLine SC 96, the Hon’ble Supreme Court observed that when parties enter into an agreement and compound the offence, they do so to save themselves from the process of litigation and when such a step is taken by the parties, the law very well allows them to do so. Hence, the courts cannot override such compounding and impose its will.
9. Having regard to the facts and circumstances of the case and the fact that the complainant and the petitioner have amicably resolved the matter, and that the respondent/complainant has no objection in case the present revision petition is accepted, the instant revision petition is allowed and the offence is hereby compounded. Consequently, the judgment of conviction and order of sentence dated 21.11.2019 passed by the learned trial Court, as affirmed by the learned Appellate Court vide judgment dated 01.08.2025, are hereby set aside. The petitioner/accused is hereby acquitted of all the charges framed against him. His bail bonds and the surety bonds shall stand discharged.
10. The miscellaneous application(s) pending, if any, shall stand disposed of.
Petition allowed.
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