In the High Court for the States of Punjab and Haryana at Chandigarh 134 v. M/s Bhole Shanker Trading Company and another
Case Details
In the High Court for the States of Punjab and Haryana at Chandigarh 134 CRR-3086-2025 (O&M) M/s Devgan Rice & General Mills Sangrana Sahib and another … Revisionists Versus M/s Bhole Shanker Trading Company and another ... Respondents 135 CRR-3095-2025 (O&M) M/s Devgan Rice & General Mills Sangrana Sahib … Revisionist Versus M/s Khurana Commission Agent and another ... Respondents 136 CRR-3096-2025 (O&M) M/s Devgan Rice & General Mills Sangrana Sahib and another … Revisionists Versus M/s Manan and Dhillon Trading Company and others ... Respondents 137 CRR-3100-2025 (O&M) M/s Devgan Rice & General Mills Sangrana Sahib and another … Revisionists Versus M/s Om Trading Company Mandi, Amarkot and another ... Respondents
Legal Reasoning
GEETA RANI 2025.12.10 17:29 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh CRR-3086-2025 (O&M) and other conneced cases ( 2 ) 138 CRR-3101-2025 (O&M) M/s Devgan Rice & General Mills Sangrana Sahib and another … Revisionists Versus M/s Harpal Singh & Company, Mandi Amarkot and another ... Respondents 139 CRR-3116-2025 (O&M) M/s Devgan Rice & General Mills Sangrana Sahib and another … Revisionists Versus M/s Davinder Singh and Company, Amarkot and another ... Respondents 140 CRR-3118-2025 (O&M) M/s Devgan Rice & General Mills Sangrana Sahib and another … Revisionists Versus M/s Harbans Singh & Company and another ... Respondents Date of Decision:- 08.12.2025
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Umesh Aggarwal, Advocate, for the Revisionists in all cases. ***** SUBHAS MEHLA , J. (Oral) This Court shall dispose of above mentioned revision petitions by passing a common order. GEETA RANI 2025.12.10 17:29 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh CRR-3086-2025 (O&M) and other conneced cases ( 3 ) 2. The present revision petitions are arising out of judgment dated 27.10.2025 passed by learned Additional Sessions Judge, Tarn Taran, vide which the judgment of conviction and order of sentence dated 26.04.2022 passed by learned Judicial Magistrate Ist Class, Patti, had been upheld, whereby the firm and its partners were held guilty for offence under Section 138 of Negotiable Instruments Act and were convicted. 3. Learned counsel for the revisionists submits that earlier revision petitions filed by the revisionist firm through other partners were disposed of as the matter had been compromised among the parties. In compliance of order dated 18.11.2025 in CRR-2926-2025; orders dated 19.11.2025 in CRR- 2935-2025, CRR-2950-2025, CRR-2936-2025, CRR-2927-2025, CRR-2937- 2025, CRR-2956-2025, CRR-2938-2025, CRR-2939-2025, CRR-2941-2025, CRR-2952-2025, CRR-2942-2025 and CRR-2943-2025; and order dated 26.11.2025 in CRR-2959-2025, the partners have been released in the aforesaid cases, however, Naresh Kumar (revisionist No.2-one of the partners of the firm) had not been released by the Jail Authorities as he was not made party in abovesaid revision petition. 4. 5. Notice of motion. On the asking of Court, Mr. Anup Singh, AAG, Punjab, accepts notice on behalf of State to assist this Court. 6. 7. Heard. The relevant para of the order dated 19.11.2025 passed in CRR- 2941-2025, is as under:- GEETA RANI 2025.12.10 17:29 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh CRR-3086-2025 (O&M) and other conneced cases ( 4 ) “11. Keeping in view the fact that the application for compounding of offence in CRR-2941-2025 has been allowed, and the factum of compromise dated 07.11.2025 is manifested from the material i.e. compromise deed on record of another revision petition i.e. CRR-2952-2025, and complainant/ respondents have received the entire amount due towards the revisionists and have no objection, in case the impugned judgments are set-aside, and the present revision petitions are allowed. Offences under Sections 138 of NI Act stands compounded, though one of the partner of accused firm is not impleaded as party to the revision petition. The impleadment of such partner is exempted as the compromise has been arrived at between the firms. However, the composition of the offence is subjected to the cost of 7.5% of the cheque amount in question (i.e. Rs.33,719/- of cheque amounting Rs.4,49,586.85/-) to be deposited by the accused firm, in Punjab State Legal Services Authority-Disaster Relief Fund, Account No.44426937384, IFSC Code- SBIN0014656, State Bank of India, Sector-68, SAS Nagar (Punjab) within a period of one month from the date of receipt of certified copy of this order. Receipt thereof shall be presented before the learned trial Court. Accordingly, impugned judgments along with all subsequent proceedings arising therefrom are hereby set-aside. All the convicts i.e. partners of the accused firm are acquitted of the notice of accusation served upon them. 12. The trial Court/successor Court is directed to issue release warrants of the convicts after production of receipt of cost, as stated above, forthwith. 13. It is made clear that in case, the accused firm fails to deposit 7.5% of the compounding fee as aforesaid and to produce the receipt thereof, within the stipulated period i.e. one month, the present revision petitions shall be deemed to be dismissed.” GEETA RANI 2025.12.10 17:29 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh CRR-3086-2025 (O&M) and other conneced cases ( 5 ) 8. The matter had been compromised among the parties and impugned judgments along with all subsequent proceedings arising therefrom have already been set-aside by passing detailed orders in the abovesaid revision petitions. Therefore, Naresh Kumar i.e. one of the partners of the accused firm is also acquitted of the notice of accusation served upon him. 9. The trial/successor Court is directed to comply with the abovesaid orders, and directed to issue release warrants of the convict, i.e. Naresh Kumar, present revisionist. 10. A copy of this order be sent to learned trial/successor Court for necessary compliance.
Decision
Disposed of. Pending miscellaneous application(s), if any, stands disposed of 11. 12 accordingy. 13. A copy of this order be placed on the file of each connected cases. 08.12.2025 Geeta ( SUBHAS MEHLA ) JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No GEETA RANI 2025.12.10 17:29 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh