Palwalinder Kaur Palwalinder Kaur v. State of Punjab and another State of Punjab and
Case Details
IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH 305 CRR-2050 2050-2025(O&M) Date of decision: 29.10.2025 Date of decision: Palwalinder Kaur Palwalinder Kaur ..Petitioner VERSUS State of Punjab and another State of Punjab and ...Respondents ...Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. r. Rakesh Kumar, Advocate, for the petitioner , Advocate, for the petitioner. Mr. Mohit Kapoor, Sr.DAG, Punjab. Mr. Mohit Kapoor, Sr.DAG, Punjab Mr. Mohit Kapoor, Sr.DAG, Punjab ***** VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ 1. The instant petition has been filed against the impugned The instant petition has been filed against the impugned The instant petition has been filed against the impugned and order of sentence dated 28.02.2023 passed by the Judicial judgment and order of sentence dated 28.02.2023 passed by the Judicial and order of sentence dated 28.02.2023 passed by the Judicial
Facts
First Class, Kapurthala, whereby, the petitioner had been First Class, Kapurthala, whereby Magistrate First Class, Kapurthala, whereby imprisonment for a period of convicted and sentenced to undergo rigorous imprisonment for a period of convicted and sentenced to undergo rigorou for commission of offence under Section 138 of the Negotiable one year for commission of offence under Section 138 of the Negotiable for commission of offence under Section 138 of the Negotiable Instruments Act, 1881 and the impugned judgment dated Instruments Act the impugned judgment dated 09.05.2025 passed by Additional Sessions Judge, Kapurthala vide which appeal by Additional Sessions Judge, vide which appeal preferred by the petitioner has ner has been dismissed. 2.
Legal Reasoning
accepted by this Court in various decisions, such as in the case of accepted by this Court in various decisions, such as in the case of accepted by this Court in various decisions, such as in the case of
Arguments
Learned counsel for the petitioner contends that the matter has Learned counsel for the petitioner contends that the matter has Learned counsel for the petitioner contends that the matter has been amicably resolved between the parties and entire due amount stands been amicably resolved between the parties and entire due amount stands been amicably resolved between the parties and entire due amount stands paid by the petitioner In this regard, statement of Ms. Renu petitioner to the bank. In this regard, statement of Ms. Renu Bala, wife of Sandip, working as an Accountant Bala, wife of San ant and also holding the charge of Branch Manager, Bhandal Bet, District Kapurthala alongwith Aadhaar of Branch Manager, Bhandal Bet, District Kapurthala alongwith Aadhaar of Branch Manager, Bhandal Bet, District Kapurthala alongwith Aadhaar Cooperative Bank have also Card and certificate issued by the respondent-Cooperative Bank have also Card and certificate issued by the respondent SUMIT SINGH GUSAIN 2025.10.30 19:26 I attest to the accuracy and integrity of this document 305 CRR R-2050-2025 (O&M) 2 been taken. The same are marked as ‘Mark A’, ‘Mark B’ and ‘Mark C’ been taken. The same are marked as ‘Mark A’, ‘Mark B’ a been taken. The same are marked as ‘Mark A’, ‘Mark B’ a respectively (with green pen) and the same are taken on record. respectively (with green pen) and the same are taken on record. respectively (with green pen) and the same are taken on record. Registry is directed to tag the same at appropriate place. Registry is directed to tag the same at appropriate place. Registry is directed to tag the same at appropriate place. thus prays that the case in hand be Counsel for the petitioner thus prays that the case in hand be Counsel for the petitioner permitted to be compounded as per Section 147 of the Negotiable permitted to be compounded as per Section 147 of the permitted to be compounded as per Section 147 of the Instruments Act. The relevant provisions of the Act reads thus:- Instruments Act. The relevant provisions of the Act reads thus: Instruments Act. The relevant provisions of the Act reads thus: 147 Offences to be compoundable. “147 Offences to be compoundable. 147 Offences to be compoundable. Notwithstanding anything contained in the Code of Criminal Notwithstanding anything contained in the Code of Criminal Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under Procedure, 1973 (2 of 1974), every offence punishable under Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable.” this Act shall be compoundable.” 3. Ms. Renu Bala appearing on behalf of the respondent-Bank has Ms. Renu Bala appearing on behalf of the respondent Ms. Renu Bala appearing on behalf of the respondent acknowledged that the entire amount already stands remitted and that acknowledged that the entire amount a lready stands remitted and that she has no objection to the offence being compounded under Section 147 of the has no objection to the offence being compounded under Section 147 of the has no objection to the offence being compounded under Section 147 of the Negotiable Instruments Act, 1881. Negotiable Instruments Act, 1881. 4. The The The issue regarding compounding under issue regarding compounding under issue regarding compounding under the Negotiable the Negotiable the Negotiable Instruments Act at the stage of appeal as well as revision has come before Instruments Act at the stage of appeal as well as rev Instruments Act at the stage of appeal as well as rev this court as well as before the Hon'ble Supreme Court and they have upheld this court as well as before the Hon'ble Supreme Court and they have upheld this court as well as before the Hon'ble Supreme Court and they have upheld that the powers under Section 147 of the Negotiable Instruments Act can be that the powers under Section 147 of the Negotiable Instruments Act can be that the powers under Section 147 of the Negotiable Instruments Act can be invoked at any stage of the proceedings i.e. at the stage of trial, appeal or at invoked at any stage of the proceedings i.e. at the stage of trial, appeal or at invoked at any stage of the proceedings i.e. at the stage of trial, appeal or at e revisional jurisdiction and that the courts should be liberal in exercising the revisional jurisdiction and that the courts should be liberal in exercising e revisional jurisdiction and that the courts should be liberal in exercising such powers. 5. The Hon'ble Supreme Court in the matter of K.M. Ibrahim Vs. The Hon'ble Supreme Court in the matter of The Hon'ble Supreme Court in the matter of Criminal Appeal No.2281 of 2009 K.P Mohammed & Another, passed in Criminal Appeal No.2281 of 2009 K.P Mohammed & Another decided on 02.12.2009 02.12.2009 held as under:- Appearing for the appellant, Mr. Mukul Rohtagi, learned “5. Appearing for the appellant, Mr. Mukul Rohtagi, learned “5. SUMIT SINGH GUSAIN 2025.10.30 19:26 I attest to the accuracy and integrity of this document 305 CRR R-2050-2025 (O&M) 3 Senior Advocate, contended that since a specific power had been Senior Advocate, contended that since a specific power had been Senior Advocate, contended that since a specific power had been given to the parties to a proceeding under the Negotiable given to the parties to a proceeding under the Negotiable given to the parties to a proceeding under the Negotiable Instruments Act under Section 147 to compound the offence, there Instruments Act under Section 147 to compound the offence, there Instruments Act under Section 147 to compound the offence, there uld be no reason as to why the same cannot be permitted even could be no reason as to why the same cannot be permitted even co after conviction, which had been affirmed upto the High Court. It after conviction, which had been affirmed upto the High Court. It after conviction, which had been affirmed upto the High Court. It was urged that in order to facilitate settlement of disputes, the was urged that in order to facilitate settlement of disputes, the was urged that in order to facilitate settlement of disputes, the legislature thought it fit to insert Section 147 by Amending Act 55 legislature thought it fit to insert Section 147 by Amending Ac legislature thought it fit to insert Section 147 by Amending Ac of 2002. Such amendment came into effect from 6th February, of 2002. Such amendment came into effect from 6th February, of 2002. Such amendment came into effect from 6th February, 2003, and provided that notwithstanding anything contained in the 2003, and provided that notwithstanding anything contained in the 2003, and provided that notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under Code of Criminal Procedure, 1973, every offence punishable under Code of Criminal Procedure, 1973, every offence punishable under the Act would be compoundable. the Act would be compoundable. 6. Mr. Rohtagi urged that in view of the non 6. n view of the non obstante clause, the provisions of Section 147 were given an overriding effect over the provisions of Section 147 were given an overriding effect over the provisions of Section 147 were given an overriding effect over the Code and in view of the clear mandate given to the parties to Code and in view of the clear mandate given to the parties to Code and in view of the clear mandate given to the parties to compound an offence under the Act, reference to Section 320 compound an offence under the Act, reference to Section 320 compound an offence under the Act, reference to Section 320 oses of comparison only in order to Cr.P.C. can be made for purposes of comparison only in order to Cr.P.C. can be made for purp understand the scope of Section 147 of the Negotiable Instruments understand the scope of Section 147 of the Negotiable Instruments understand the scope of Section 147 of the Negotiable Instruments Act. Act. Mr. Rohtagi submitted that the said position had been 7. Mr. Rohtagi submitted that the said position had been 7.