Facts
The petitioner challenged his conviction under Section 138 of the Negotiable Instruments Act, 1881, recorded by the Sub-Divisional Judicial Magistrate, Sardulgarh, in Complaint No. NACT/119/2020, by judgment dated 01.08.2022.
Source reference: no citationHe was sentenced to rigorous imprisonment for two years.
Source reference: no citationThe appellate court suspended his sentence on 16.08.2022 subject to deposit of 20% of the compensation amount.
Source reference: no citationUpon his failure to comply with that condition, the Additional Sessions Judge, Mansa, issued warrants of arrest by order dated 27.10.2025, and dismissed the appeal.
Source reference: no citationDuring the pendency of the revision petition, the parties amicably settled the dispute.
Source reference: no citationThe petitioner handed over cheque No. 150361 dated 01.09.2026 for ₹90,000 towards full and final settlement, which was accepted by counsel for the complainant.
Source reference: no citationIssues
Whether, in view of the parties’ amicable settlement and the complainant’s acceptance of the settlement cheque, the offence under Section 138 of the Negotiable Instruments Act could be compounded.
Source reference: no citationWhether coercive steps, including execution of the warrants issued against the petitioner, should remain suspended pending consideration of the compounding application.
Source reference: no citationLaw Applied
The proceedings arose from an offence under Section 138 of the Negotiable Instruments Act, 1881, concerning dishonour of a cheque.
Source reference: no citationThe court proceeded on the basis that the parties could seek compounding of the offence after settlement, and accordingly directed the petitioner to file an appropriate application for compounding.
Source reference: no citationPending such application, the court exercised its supervisory/revisional jurisdiction to direct that no coercive steps be taken against the petitioner.
Source reference: no citationReasoning
The petitioner’s conviction and sentence, as well as the subsequent appellate order resulting in issuance of warrants, were under challenge.
Source reference: no citationHowever, the subsequent settlement materially altered the circumstances.
Source reference: no citationThe complainant’s counsel expressly accepted the cheque for ₹90,000 and stated that no dispute subsisted between the parties.
Source reference: no citationIn light of this joint position, the court did not finally determine the revision on merits but facilitated the statutory process of compounding by directing the petitioner to file an appropriate application within one week.
Source reference: no citationTo preserve the settlement process and prevent the petitioner from being subjected to immediate coercive action, the court directed that no coercive steps be taken until the matter was taken up further.
Source reference: no citationHolding
The court recorded the parties’ settlement and the complainant’s acceptance of the cheque for ₹90,000 towards full and final settlement.
The petitioner was directed to move an application for compounding the offence within one week.
Source reference: no citationThe matter was adjourned to 18.09.2026, and, in the meantime, no coercive steps were ordered to be taken against the petitioner.
Source reference: no citationThe supplied order does not finally compound the offence or set aside the conviction; it grants interim protection and facilitates consideration of compounding.
Source reference: no citationActs & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Negotiable Instruments Act, 18811
Original Court PDF
Kehar SinghvsState Of Punjab And Another
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