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TMI Blog2022 (3) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... allenge is also to the judgment dated 21.09.2019 vide which the appeal filed by the petitioner has also been dismissed. Brief facts of the case are that the respondent had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') for the dishonor of a cheque dated 25.01.2015 for a sum of Rs. 2,00,000/- which was returned vide memo dated 04.04.2015 with remarks "insufficient funds". Thereafter, a legal notice was issued and when no payment was made in spite of the issuance of legal notice, a complaint under Section 138 of the Act was filed. The complainant was examined as CW-1 and he had duly proved on record the original cheque Ex. C-1, memo Ex. C-2, legal notice Ex. C-3 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al proceedings. With reference to the abovesaid case if there is any other court case pending between the parties before any court both the parties would be bound to withdraw the same. This Compromise has been written so that it can come into play at the time of the relevant need. Dated 25.10.2019 Party No.1 Taar Singh son of Jit Singh, resident of Quarter No. 193, SLIET Longowal, Sangrur. Party No.2 Yashpal Jindal son of Madan Lal, resident of Street No.9, Kishan Bagh Colony, Sangrur. Witness: Witness Harjinder Singh son of Shri Maan Singh Resident of Peerkot District Bathinda Rahul Jindal son of Yashpal Jindal, resident of Kishanpura Basti, Sangrur TRUE TRANSLATED TYPED COPY ADVOCATE" A perusal of the said comprom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll other subsequent proceedings arising therefrom including the judgment of conviction and order of sentence, both dated 25.09.2013 passed by the learned Addl. Sessions Judge, Shaheed Bhagat Singh Nagar, whereby the accusedpetitioners, were convicted and sentenced... xxx-xxx--xxx Quashing of the aforesaid FIR and setting aside of the impugned judgment and order of sentence dated 25.09.2013 passed by the learned Addl. Sessions Judge, Shaheed Bhagat Singh Nagar, is sought on the basis of compromise dated 06.02.2015 (Annexure P4), entered into between the parties during the pendency of the appeal before this Court. This Court in the case of Sube Singh and another Versus State of Haryana and another 2013(4) RCR (Criminal) 102 has consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an abuse of the process of law" and also by invoking its power under Article 142 of the Constitution. Since the High Court does not possess any power akin to the one under Article 142 of the Constitution, the cited decision cannot be construed to have vested the High Court with such like unparallel power. 17. The magnitude of inherent jurisdiction exercisable by the High Court under Section 482 Criminal Procedure Code with a view to prevent the abuse of law or to secure the ends of justice, however, is wide enough to include its power to quash the proceedings in relation to not only the non compoundable offences notwithstanding the bar under Section 320 Criminal Procedure Code but such a power, in our considered view, is exercisable at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led by respondent No.2 is dismissed qua the petitioners on the basis of above-stated compromise. Resultantly, the appeal preferred by the petitioners against the above-mentioned order dated 16.03.2009 would be rendered infructuous and shall be so declared by the first Appellate Court at Hisar." Similarly, in the case of Baghel Singh Versus State of Punjab 2014(3) RCR (Criminal) 578, whereby the accused was convicted under Section 326 IPC and was sentenced to undergo rigorous imprisonment for two years, the parties entered into compromise during the pendency of the appeal. This Court while relying upon the judgment of Lal Chand Versus State of Haryana, 2009 (5) RCR (Criminal) 838 and Chhota Singh Versus State of Punjab 1997(2) RCR (Crimin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due influence. 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. The principle as laid down in Damodar S. Prabhu vs. Sayed Babalal, AIR 2010 (SC) 1097, would be squarely fortified if the compromise in question is allowed to be effected between the parties with leave of the Court. In view of aforesaid, impugned judgment dated 19.01.2017 passed by Additional Sessions Judge, Sri Muktsar Sahib vide which conviction and sentence of the petitioner was upheld stands quashed. The revision petition is allowed subject to deposit of 15% of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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