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2025 DAILYLAW 97442 (PNJ)

JASPAL SINGH v. STATE OF PUNJAB AND ANOTHER

CRR/2207/2025 · 2025-09-08

Subhas Mehla

Criminal Appealbody2025

Judgment text

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123 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-2207-2025 (O & M) Date of decision: 08.09.2025 JASPAL SINGH ...PETITIONER V/S STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Krishan Kanha, Advocate for the petitioner. **** SUBHAS MEHLA, J. (ORAL) CRM-35751-2025 To be taken up with the main case. CRR-2207-2025 (O & M) 1. This revision petition has been filed for quashing of the judgment of conviction and order of sentence dated 26.11.2021 passed by learned Sub Divisional Judicial Magistrate, Budhlada, Mansa in case bearing CIS No.NACT/49/2019 as well as the judgment dated 19.08.2025 passed by learned Additional Sessions Judge, Mansa in Criminal Appeal bearing No.CRA-82 of 2021, on the basis of compromise dated 27.08.2025 (Annexure A-1). 2. Learned counsel for the petitioner submitted that compromise has been effected between the parties and the petitioner has paid the compensation amount to respondent No.2. 3. Notice of motion. 4. Mr. Sandeep Kumar, DAG, Punjab, who is present in the Court, accepts notice on behalf of respondent No.1-State. Mr. Kshitiz Goel, Advocate MANISHA 2025.09.11 10:16 I attest to the accuracy and integrity of this document CRR-2207-2025 (O & M) 2 has put in appearance on behalf of respondent No.2 and filed his power of attorney. The same is taken on record. Registry is directed to tag the same at the appropriate place. 5. Learned counsel for respondent No.2 admits to the factum of compromise (Annexure A-1) and submits that respondent No.2 has received the whole amount. He further submits that respondent No.2 has no objection in case, the offence under Section 138 of Negotiable Instruments Act, 1881 (for short ‘NI Act’) be compounded. 6. Heard. 7. In view of the fact that compromise has been effected between the parties and respondent No.2 has received the entire amount due towards the petitioner and has no objection, in case the impugned judgments are set- aside, the present petition is allowed. Offence under Section 138 of NI Act stands compounded subject to a cost of 15% of the amount in question i.e. Rs.25,500/- of Rs.1,70,000/- to be deposited in Punjab State Legal Services Authority-Disaster Relief Fund, Account No.44426937384, IFSC Code- SBIN0014656, State Bank of India, Sector-68, SAS Nagar (Punjab) within a period of one month from the date of receipt of certified copy of this order. Receipt thereof shall be presented before the learned trial Court. Accordingly, impugned judgments along with all subsequent proceedings arising therefrom are hereby set-aside. The petitioner is acquitted of the notice of accusation served upon him. 8. The trial Court/successor Court is directed to issue release warrants of the appellant after production of receipt of cost, as stated above, forthwith. MANISHA 2025.09.11 10:16 I attest to the accuracy and integrity of this document CRR-2207-2025 (O & M) 3 9. It is made clear that in case, the petitioner fails to deposit 15% of the compounding fee as aforesaid and to produce the receipt thereof, within the stipulated period i.e. one month, this order shall be deemed to be withdrawn. 10. A copy of this order be sent to learned trial Court/successor Court for necessary compliance. 11. Pending miscellaneous application(s), if any, also stand(s) disposed of. (SUBHAS MEHLA) September 08, 2025 JUDGE manisha (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No MANISHA 2025.09.11 10:16 I attest to the accuracy and integrity of this document