IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Revision No. 1462 of 2009
Date of decision : October 22, 2009
Surinder Singh
....Petitioner
versus
Ranjit Singh and another
....Respondents
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. K.K. Garg, Advocate, for the petitioner
Mr. Anureet Sidhu, Advocate for respondent no. 1
L.N. Mittal, J. (Oral)
Surinder Singh has filed this revision petition assailing his
conviction and sentence recorded by the courts below for offence under
section 138 of the Negotiable Instruments Act, 1881 (in short, the Act), on
complaint instituted by respondent no. 1 Ranjit Singh.
Learned counsel for the parties state that the parties have
arrived at settlement. Learned counsel for respondent no. 1, on instructions
from Sukhraj Singh Sidhu, Advocate, Barnala, who is special power of
attorney of respondent no. 1 and is present in person in the Court, states that
parties have effected compromise and therefore, respondent no. 1 has no
objection to the compounding of the offence and acceptance of the revision
petition. Copy of special power of attorney filed today in Court by learned
counsel for respondent no. 1 is taken on record.
Criminal Revision No. 1462 of 2009 -2-
Offence under section 138 of the Act is compoundable in view
of section 147 of the Act. After conviction, compounding of the offence
can be done with the leave of the court. In the instant case, grievance of
complainant respondent no. 1 has been redressed. The offence is of
commercial nature effecting the complainant only. Accordingly,
permission to compound the offence is granted.
In view of the aforesaid, the instant revision petition is allowed
and judgments and orders of the courts below convicting and sentencing
petitioner Surinder Singh are set aside and the petitioner is acquitted of the
offence under section 138 of the Act in view of compromise between the
parties.
( L.N. Mittal )
October 22, 2009 Judge
'dalbir'