Supreme Court – Daily Orders
Krishan Mohan Tiwari vs M/S Gupta Trading Company on 28 May, 2025
Bench: J.K. Maheshwari, Aravind Kumar
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(Arising out of SLP (Crl.) No. of 2025)
(Arising out of SLP (Crl.) Diary No. 28759 of 2025)
KRISHAN MOHAN TIWARI Appellant (s)
VERSUS
M/S GUPTA TRADING COMPANY Respondent(s)
O R D E R
1) Delay condoned.
2) Leave granted.
3) In the present case, the High Court1 vide
impugned order dated 19.09.2023 dismissed Criminal
Revision Petition being CRR No. 2041 of 2023 filed
by the appellant against concurrent judgments of the
Courts below convicting him under Section 138 of the
NI Act2, and sentencing him to undergo Simple
Imprisonment for a period of six months and to pay a
fine of Rs.5 lakhs, in default whereof, to further
Signature Not Verified
Digitally signed by
NIDHI AHUJA
undergo SI for two months. The appellant,
Date: 2025.06.03
13:00:48 IST
Reason:
1 High Court of Punjab and Haryana at Chadigarh
2 Negotiable Instruments Act, 1881
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CRL.A. NO. /25(@SLP(Crl.)No. /25)(@SLP(Crl.)D.No.28759/2025)
thereafter, preferred quash petition under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
namely, CRM-M-537 of 2025 which was dismissed as
withdrawn on 13.01.2025 and later applications,
namely, CRIM 3556 and 3557 of 2025 in CRR 2041 of
2023 for compounding of offences on the basis of
Memorandum of Understanding-cum-Compromise dated
10.11.2023 were dismissed as withdrawn on
31.01.2025. The appellant, now, has approached this
Court in this appeal seeking permission of
compounding.
4) Learned counsel appearing on behalf of the
parties, on instructions, submit that as directed,
out of Rs.6 lakhs, Rs.1.05 lakhs was already paid
and the remaining amount of Rs.4.95 lakhs has been
paid to the complainant. Learned counsel for the
complainant submits that he has received
instructions on e-mail to compound the offence and
to close the dispute between the parties.
5) In view of the above, accepting the compromise,
we grant permission for compounding, as prayed in
the present case, in terms of the settlement entered
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CRL.A. NO. /25(@SLP(Crl.)No. /25)(@SLP(Crl.)D.No.28759/2025)
into between the parties. Accordingly, the
conviction and sentence as directed for the offence
under Section 138 of the NI Act against the
appellant stand set aside.
6) Accordingly, and in view of the above, the
present appeal stands disposed of.
7) Memorandum of Understanding-cum-Compromise
dated 10.11.2023 shall form part of this order.
8) Pending application(s), if any, shall stand
disposed of.
…………………………………………………., J.
[ J.K. MAHESHWARI ]
…………………………………………………., J.
[ ARAVIND KUMAR ]
New Delhi;
May 28, 2025.
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CRL.A. NO. /25(@SLP(Crl.)No. /25)(@SLP(Crl.)D.No.28759/2025)
ITEM NO.28 COURT NO.4 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 28759/2025
[Arising out of impugned final judgment and order dated 19-09-2023
in CRR No. 2041/2023 passed by the High Court of Punjab & Haryana
at Chandigarh]
KRISHAN MOHAN TIWARI Petitioner(s)
VERSUS
M/S GUPTA TRADING COMPANY Respondent(s)
(IA No. 134997/2025 – CONDONATION OF DELAY IN FILING and IA No.
134998/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
and IA No. 135001/2025 – EXEMPTION FROM SURRENDERING WITHIN TIME
and IA No. 134999/2025 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 28-05-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE J.K. MAHESHWARI
HON’BLE MR. JUSTICE ARAVIND KUMAR
(PARTIAL COURT WORKING DAYS BENCH)
For Petitioner(s) : Mr. A Velan, AOR
Ms. Navpreet Kaur, Adv.
Mr. Prince Singh, Adv.
Mr. Nilay Rai, Adv.
For Respondent(s) : Mr. Monish Kumar, Adv.
Mr. Hari Singh, Adv.
Md. Sidath Hussain, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1) Delay condoned.
2) Leave granted.
3) The appeal stands disposed of in terms of the signed
order. Pending application(s), if any, shall stand disposed
of.
(NIDHI AHUJA) (NAND KISHOR)
AR-cum-PS ASSISTANT REGISTRAR
[Signed order is placed on the file.]
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