AMRIK SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner-accused has filed present application under Section 147 of Negotiable Instruments Act (for short, ' N.I. Act ') read with Section 482 of the Code of Criminal Procedure (for short, ' Cr.P.C .') for compounding of offence on the ground that matter has been settled between the parties.

(2.) Briefly stated the facts giving rise to filing of present application are that respondent No.2 filed Complaint No.COMA/963/2015 titled as 'Renu Bala Vs. Amrik Singh' on the ground of dishonour of cheque No.391689 dated 21.07.2015 of Rs. 90,000/- issued by petitioner-accused in discharge of subsisting legal liability with remarks "Funds Insufficient" and non-payment of the amount of cheque by petitioner-accused within 15 days from receipt of legal notice. Vide judgment of conviction and order of sentence both dated 02.02.2018, petitioner-accused was convicted under Section 138 of N.I. Act and was sentenced to undergo simple imprisonment for a period of four months and to pay amount of Rs. 90,000/- (cheque amount) to complainant. The appeal filed by petitioner-accused was dismissed by learned Additional Sessions Judge, Patiala vide judgment dated 06.02.2020. During pendency of revision petition, parties have compromised and petitioner-accused has filed present application for grant of permission to compound the offence.

(3.) The application has been filed on the grounds that now the matter has been settled between the parties. Respondent No.2-complainant (Renu Bala) has received entire cheque amount from petitioner-accused and has no objection in case petitioner-accused is acquitted of the offence under Section 138 of N.I. Act. The petitioner-accused has accordingly prayed for grant of permission to compound the said offence.