TaxTMI 
TaxTMI 
2021 (11) TMI 450
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....struments Act, 1881 (for short, 'the Act of 1881'), and sentenced to undergo rigorous imprisonment for a period of 01 year and 06 months and was also directed to pay the compensation of Rs. 6,00,000/-, which included the amount of the cheque of Rs. 4,00,000/- and the loss of interest for the said amount as well as the judgment dated 06.08.2021 passed by the Additional Sessions Judge, Panipat, vide which the appeal challenging the said judgment of conviction along-with order of sentence was also dismissed. Brief facts of the present case are that the respondent complainant had filed a complaint under Section 138 of the Act of 1881 on the allegation that on 21.02.2017, the petitioner had borrowed an amount of Rs. 4,00,000/- from the compla....
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....t. Compensation of Rs. 6 Lakhs was also awarded in favour of the complainant. Appeal was dismissed and the sentence of the petitioner was confirmed by the lower Appellate Court. Both the parties have settled the dispute. Mr. Chander Shekhar Singhal, Advocate for Mr. Sunny Tyagi, Advocate appears on behalf of complainant/respondent No.2 and admits the factum of compromise. As per custody certificate produced by learned State counsel, petitioner has undergone 2 months and 19 days of actual sentence as on 14.10.2021. In view of the aforesaid factual position, date of hearing is preponed to 25.10.2021. Application stands disposed of. To be taken up after 'Urgent List'." Today, the matter has been ....
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....le people of the Society and relatives of both the parties by taking both the parties with them have got removed the grieves and difference of both the parties. Now with the interference of the Biradari, respectable people of the Society and relatives of both the parties have got a compromise made and the first party does not want any legal action against Rajpal and the first party is ready to make statement in favour of Rajpal. That both the parties have arrived at this compromise in the presence of Biradari, respectable people of the Society and relatives of both the parties without any fear and greed. Now no difference or complaint remained between the parties. Both the parties will not initiate any legal action against each oth....
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....h Balwan (Real brother of Rajpal) has entered into compromise with the help of the Biradri, respectable people of the Society and relatives of both the parties and all the differences and misunderstanding has been sorted. 4. That the deponent does not want any legal action against Rajpal in this case and is ready to make statement in favour of Rajpal. 5. That this affidavit has been given by his own will and is free from force, coercion and wrong advice. Deponent" A perusal of the compromise and affidavit reproduced hereinabove would show that it is apparent that the petitioner as well as the complainant have settled the matter and the complainant has specifically stated that he does not want to take any legal action ag....
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....promise would go a long way in maintaining the peace and harmony between the parties and thus, a prayer has been made to the Court for compounding the offence in terms of Section 147 of the Negotiable Instruments Act, 1881 read with Section 320 (6) Cr.P.C. Since the offence relating to dishonour of cheque has a compensatory profile and is required to have precedence over punitive mechanism, therefore, the present revision petition deserves to be allowed. It is also relevant to state that the petitioner has already undergone custody of 02 months and 20 days out of the total sentence of 01 year and 06 months of rigorous imprisonment. This Court in a judgment dated 09.03.2017 passed in CRR No.390 of 2017 titled as "Kuldeep Singh vs. Vija....