- (1.) On a complaint brought by Deepak Kumar Chhabra, against Balkar Singh, the petitioner, for an offence punishable under section 138 of Negotiable Instruments Act, 1881 (for short, 'the Act') the petitioner was held guilty and convicted vide judgment dated 8.2.2011 by learned Sub Divisional Judicial Magistrate , Sri Muktsar Sahib. The appeal filed by Balkar Singh also failed to bring favourable result to him as the same was dismissed by learned Additional Sessions Judge, Sri Muktsar Sahib vide judgment dated 28.8.2012.
(2.) By filing an application, learned counsel for the petitioner has prayed for compounding of offence under section 147 of the Act by .. treating the revision petition as a petition under section 482 Cr.P.C. for quashing of complaint filed by Deepak Kumar Chhabra, respondent on the basis of compromise. The matter is claimed to have been compromised between the parties. The compromise, Annexure P2, is placed on the file, which clearly reveals that the matter stands compromised between the parties. Annexure P3 is the affidavit of the respondent admitting the fact that the matter has been compromised. However, question that calls for answer before the compromise is accepted, is as to whether the offence could be compounded at this stage.
(3.) Learned counsel for the petitioner has placed reliance on a decision of Hon'ble Supreme Court of India in K. Subramanian Vs. R. Rajathi Rep. By P.O.A. P. Kaliappan, 2010 1 RCR(Cri) 184. In the reported case, the conviction of the accused in the case of dishonour of cheques of the value of Rs. 4,52,289/- had been upheld upto Hon'ble Supreme Court and parties thereafter entered into a compromise. The parties were permitted to compound the offence and the conviction was set-aside.;