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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 148
CRR-649-2025 (O&M)
Date of decision: March 27th, 2025
Jarnail Singh
.....Petitioner
Versus
State of Haryana and another
.....Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Deepak Kumar, Advocate
for the applicant-petitioner.
MANJARI NEHRU KAUL, J. (ORAL)
CRM-12882-2025
Prayer in this application is for advancing the date of hearing of the main case.
Notice of the application.
Mr. Rahul Mohan, Senior Deputy Advocate General, Haryana, accept notice.
At this stage, Mr. Vikas Bishnoi, Advocate, has put in an appearance on behalf of the complainant/respondent No.2 and filed his power of attorney, which is taken on record.
For the reasons stated in the application, the same is allowed.
Hearing of the main case is advanced to today and the main case is taken on board. CRM-12881-2025
Prayer in this application is for placing on record certified copy of compromise/affidavit dated 24.03.2025 as Annexure A-1. Jaspreet Kaur 2025.03.28 10:28 I attest to the accuracy and integrity of this document Chandigarh
CRR-649-2025 (O&M)
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Application is allowed subject to just exceptions.
Annexure A-1 is taken on record. CRR-649-2025
Petitioner is impugning the order dated 19.02.2025 passed by learned Additional Sessions Judge, Fatehabad, whereby his appeal against judgment of conviction dated 06.02.2018 and order of sentence dated 07.02.2018 passed by the learned trial Court in a complaint under Section 138 of the Negotiable Instruments Act, 1881, has been dismissed.
2.
Learned counsel for the petitioner submits that the parties have arrived at an amicable settlement subsequent to the conviction of the petitioners vide Annexure A-1. In support of his submissions, he has placed reliance upon judgment of this Court in Sube Singh and another Vs. State of Haryana and another 2013(4) RCR (Criminal) 102 and Hon'ble Supreme Court in Criminal Appeal No.1393 of 2011 titled as 'Ramawtar Vs. State of Madhya Pradesh' decided on 25.10.2021 : LL 2021 SC 589, wherein it has been held that the powers of the Court under Section 482 of the Cr.P.C. can be invoked to quash a complaint/FIR on the basis of a voluntary compromise even at a post conviction stage.
3.
Learned counsel for respondent No.2 does not dispute the
submissions made by counsel opposite and also does not oppose the prayer for compounding of the offence on the basis of compromise arrived at between the parties.
4.
In view of the fact that the parties have amicably settled their dispute and the petitioner has paid the entire amount to the respondent No.2/complainant, the instant petition is allowed and Jaspreet Kaur 2025.03.28 10:28 I attest to the accuracy and integrity of this document Chandigarh
CRR-649-2025 (O&M)
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impugned judgments and orders of conviction are set aside. The offence under Section 138 of the NI Act is hereby compounded.
5.
The petitioner be released forthwith, if his custody is not required in any other case.
March 27, 2025
(MANJARI NEHRU KAUL) Jaspreet Kaur
JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No Jaspreet Kaur 2025.03.28 10:28 I attest to the accuracy and integrity of this document Chandigarh