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TMI Blog2017 (3) TMI 1865X X X X Extracts X X X X X X X X Extracts X X X X ..... 81 read with Section 320(6) Cr.P.C. - The offence relating to dishonour of cheque is having compensatory profile and it should be given precedence over punitive mechanism. The offence is almost a civil wrong which has been clothed in a criminal overtone. Therefore, priority should be given to compensatory mechanism. The compromise in question would serve as a everlasting tool in favour of the parties for which indulgence can be given by this Court. The revisional exercise would also be in consonance with the spirit of Section 147 of Negotiable Instruments Act. Revision petition allowed. - C.R.R. No. 390 of 2017 - - - Dated:- 9-3-2017 - Raj Mohan Singh, J. For the Appellant : B.S. Aulakh, Advocate. For the Respondents : A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation. 6. The contents of the compromise dated 18.2.2017 are to the following effect: 1. That the 1st party filed a complaint under Section 138 of the N.I. Act, 1881 as amended upto date against the second party and the same was allowed and party No. 2 was convicted for one year by both the Courts below. 2. That now the second party has filed revision petition against the above said order before the Hon'ble Punjab and Haryana High Court at Chandigarh which is pending for 9.3.2017. 3. That now with the intervention of the respectables persons of the area both the parties have compromised the matter which is beneficial for the both parties and the first party is also fully satisfied with the compromise. 4. That the compro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Babalal, III (2010) BC 110 (SC) : II (2010) CCR 286 (SC) : III (2010) SLT 533 : 169 (2010) DLT 1 (SC) : AIR 2010 SC 1097. The revisional jurisdiction of the High Court in terms of Section 401, Cr.P.C. would result in bringing about ends of justice between the parties in the event of finding that the compromise is genuine, bona fide and free from any undue influence. 12. The compromise in question would serve as a everlasting tool in favour of the parties for which indulgence can be given by this Court. The revisional exercise would also be in consonance with the spirit of Section 147 of Negotiable Instruments Act. 13. The principle as laid down in Damodar S. Prabhu v. Sayed Babalal (supra), would be squarely fortified if the compro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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