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Judgment
The present petition has been instituted under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short `the BNSS’), praying for the following substantial relief:-
"Petition under Section 528 of BNSS (482 of the CRPC, 1973) for directions to the learned Appellate Court for separate, independent and time-bound disposal of the application for compounding of offence (ANNEXURE P-3/A) filed by the petitioner before the learned Appellate Court at Fatehgarh Sahib vide CRA/9/2023 titled as Manjit Singh V. State of Punjab & Anr. under the Damodar S. Prabhu v. Sayed Bavala guidelines, in terms of the compounding provisions of the Negotiable Instruments Act, 1881, on the basis of the petitioner's extraordinary willingness and capacity to pay the entire cheque amount, in a time-bound manner,
AND/OR
In the alternative the complainant does not agree with compounding under the Damodar S. Prabhu guidelines, then for consideration of the petitioner application (ANNEXURE P-3/A) for benefits under the Probation of Offenders Act, 1958, or in the further alternative, for permission to the petitioner to avail the benefit of plea bargaining under the relevant provisions of the Code of Criminal Procedure, 1973, in terms of the recent judgment of the Hon'ble Supreme Court of India in Sanjabij Tari v. Kishore S. Borcar and another (2025 INSC 1158), which explicitly recognizes that the accused under Section 138 of the Negotiable Instruments Act, 1881 can be given benefit of the Probation of Offenders Act, 1958, and under plea bargaining."
On 14.08.2026, this Court passed the following order:-
"The grievance of the petitioner in the present petition is that earlier an application had been filed for compounding the offence in view of the judgment of the Apex Court in Damodar S. Prabhu Versus Sayed Babalal H., 2010 (5) SCC 663. It has been submitted that the said application is still pending and has not been adjudicated upon. Learned counsel submits that a fresh application for considering the case of the petitioner in terms of the guidelines issued by the Apex Court in Sanjabij Tari Versus Kishore S. Borcar and another, 2025 LiveLaw (SC) 952 has been filed, but the first Appellate Court has stated that it will decide the appeal instead of deciding the application.
Before proceeding further, let a Report be called from the District & Sessions Judge, Fatehgarh Sahib, in this regard.
Adjourned to 01.09.2026."
In compliance with the aforesaid order, report dated 21.08.2026 has been received from the District & Sessions Judge, Fatehgarh Sahib, which states as under:-
"In this regard it is respectfully submitted that as per record, earlier on 17.05.2024, appellant Manjit Singh (petitioner before Hon'ble High Court) had moved an application seeking permission to compound the offence. The learned First Appellate Court sought reply to the said application and case was adjourned to 12.07.2024, on which date, reply to the said application was filed and case was posted for 02.08.2024 for consideration. On 02.08.2024, arguments were not addressed and case was adjourned to 23.08.2024 for consideration on application for compounding the offence and cancellation of bail order dated 17.01.2023. On 23.08.2024, on the request of parties, case was adjourned to 14.08.2024 for compromise. On 14.08.2024, compromise was not effected and case was adjourned to 20.09.2024, 27.09.2024, 10.01.2025 for consideration on said applications.
On 10.01.2025, the case was further adjourned for consideration on said application as well as for arguments on main appeal for 07.02.2025, 04.04.2025, 18.04.2025, 25.04.2025, 16.05.2025, 04.07.2025.
On 04.07.2025, the matter was referred to Mediation Centre for compromise and case was adjourned for awaiting report from Mediation Centre. On 29.08.2025, report from Mediation Centre was received vide which matter was unsettled and case was adjourned to 03.10.2025, 07.11.2025, 05.12.2025, 12.12.2025, 19.12.2025, 30.01.2026, 27.04.2026, 27.03.2026, 10.04.2026, 24.04.2026, 08.05.2026, 26.05.2026, 03.07.2026, 24.07.2026, 14.08.2026 for arguments and now the case is fixed for arguments on 03.09.2026.
The perusal of the file shows that on 03.07.2026, an application for considering the case of the petitioner in terms of fresh guidelines of Hon'ble Supreme Court of India in the judgment Sanjabij Tari Versus Kishore S. Borcar and another, Criminal No.1755 of 2010 was filed. Order dated 03.07.2026, passed by the learned First Appellate Court reads as under:-
"On request of the Ld. counsels for the parties, case is adjourned to 24.07.2026 for arguments."
The perusal of the above order shows that reference of application dated 03.07.2026 is not made in the zimni order dated 03.07.2026. Similarly, reference of this application was also not made in subsequent zimni orders dated 24.07.2026 and 14.08.2026.
From the record, it is clear that the earlier application for compounding of offence is pending and similarly, another application for considering the case of the petitioner in terms of fresh guidelines of Hon'ble Supreme Court of India in the judgment Sanjabij Tari Versus Kishore S.Borcar and another, Criminal No.1755 of 2010 is on record of the file though no reference of this application is made in any zimni order. However, in none of the zimni orders, it has been specifically mentioned by the learned First Appellate Court that it will decide the appeal instead of deciding the application for compounding the offence."
It is, therefore, apparent that two applications for compounding of offence are pending.
Without going any further into the matter, the present petition is disposed of with a direction to the Court concerned, where the appeal in question is pending, to decide the applications for compounding of offence, in the first instance, before deciding the main appeal, in accordance with the guidelines issued by the Apex Court in Sanjabij Tari Versus Kishore S. Borcar and another, 2025 LiveLaw (SC) 952.
Pending application(s), if any, shall also stand disposed of.