9911796707
TMI Blog2024 (5) TMI 1219X X X X Extracts X X X X X X X X Extracts X X X X ..... Criminal Procedure Code Reference may be made to Section 320(6) Criminal Procedure Code in this regard.' This Court in Vatsa Electronics Vs. Pala Ram Anr. [ 2022 (4) TMI 353 - PUNJAB AND HARYANA HIGH COURT ] has also held that once a settlement is being effected, then in terms of Section 147 of the Negotiable Instruments Act and Section 320 Cr.P.C., the accused ought to be acquitted as the offence stands compounded. Since, the parties have voluntarily settled the disputes between themselves, it is a fit case for allowing them to compound the offence. The revision petition is allowed and subject to payment of 15% of the cheque amount to be deposited with Spinal Rehab Centre, Chandigarh Plot No.1, Madhya Marg, Sector 28- A, Chandigarh, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orship firm and complainant No.2/respondent No.2-Dinesh Kumar was its sole proprietor. The complaints used to advance money to its customers/provides financial help in anticipation to bring their agriculture produce to the commission agency of the complainants. Accused/petitioner-Sukhchain Singh was also one of the customers at the shop of complainant No.1 for the last three years and used to sell his agricultural produce through the commission agency of the complainants and used to take advances from complainants to satisfy his agricultural and domestic needs. The complainant No.1 opened a current mutual and running account of accused in his account book in the name of accused. The accused undertook to pay interest on the amount of advance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further undergo simple imprisonment for a period of 06 months. 4. Aggrieved against the said judgment of conviction and order of sentence, the petitioner preferred an appeal before the Additional Sessions Judge, Kurukshetra, which came to be dismissed on 05.02.2024. 5. Still aggrieved, the present revision petition has been preferred by the petitioner. 6. The learned counsel for the petitioner contends that during the pendency of the revision petition, a compromise (Annexure A-3) has been effected between the parties and an affidavit of Mohak Gupta, the legal representative of respondent No.2-Dinesh Kumar (since deceased), the sole proprietor of the complainant firm, (A-4) in this regard has been placed on record. He contends that the part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 138 can be done during the trial of the case as well as by the High Court or Court of Session while acting in the exercise of its power of revision under Section 401 Criminal Procedure Code Reference may be made to Section 320(6) Criminal Procedure Code in this regard. 6. Further, under Section 320(8) Criminal Procedure Code the composition of an offence shall have the effect of acquittal of the accused with whom the offence has been compounded. 9. This Court in 'Vatsa Electronics Vs. Pala Ram Anr. decided on 09.03.2022 in CRR-1585-2019' has also held that once a settlement is being effected, then in terms of Section 147 of the Negotiable Instruments Act and Section 320 Cr.P.C., the accused ought to be acquitted as the offence s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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