Parmod Kumar vs. Varinder Kumar Bhardwaj (Deceased) Through His Lrs.
Held
The National Lok Adalat held that the matter stands finally settled as per the compromise deed (Exhibit PA) arrived at between the parties. The LRs of the deceased complainant have received the full and final settlement cheque amount, and the compromise deed, signed by both parties, has been placed on record. The terms and conditions of the settlement were explained to and accepted by the parties and their counsel. Consequently, in view of the composition of the offence amounting to an acquittal, the petitioner/accused stands acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. No costs were imposed due to the cost-effective and speedy disposal of the matter before the National Lok Adalat.
Facts
This matter, Cr. Revision No. 211 of 2025, was referred for determination to the National Lok Adalat. The petitioner, Parmod Kumar, and the respondent, Varinder Kumar Bhardwaj (represented by the LRs of the deceased complainant), voluntarily and amicably settled the dispute. The LRs of the deceased complainant received a full and final settlement cheque amount. A compromise deed, Exhibit PA, signed by both parties, was placed on record, confirming the amicable settlement. The parties accepted the terms and conditions of the settlement, which were explained to them and their counsel.
Key Issues
1. Whether the matter stands finally settled as per the compromise deed executed between the parties, under Section 138 of the Negotiable Instruments Act. Petitioner's Argument: The petitioner contended that a full and final settlement has been reached between the parties, evidenced by a compromise deed and the receipt of the settlement amount by the respondent's LRs. They argued that this settlement should lead to the acquittal of the petitioner. Respondent's Argument: The respondent, through the LRs of the deceased complainant, confirmed the amicable settlement and the receipt of the full and final settlement amount. They agreed to the terms of the compromise deed and supported the settlement of the matter. There is no specific mention of GST provisions being discussed or argued in this judgment.
AI-generated summary — verify with the full judgment below
BEFORE THE NATIONAL LOK ADALAT Present: Mr. Pritam Thakur alongwith Shri Rajesh Kumar Parmar, Advocates for petitioner.
Mr. Yashpal, SPA of LR of Varinder Kumar Bhardwaj, present in person with Mr. Gaurav Thakur, Advocate for respondent.
The matter has been referred for determination to the National Lok Adalat. Both the parties have voluntarily and amicably settled the matter with their free consent, will, volition and without any undue influence or misrepresentation.
The parties have amicably settled the matter. As per settlement arrived between the parties, the LRs of deceased complainant Sh. Varinder Kumar Bhardwaj have received full and final settlement cheque amount. They have also placed on record compromise deed Exhibit PA which has also been signed by both the parties. Thus in view of the compromise arrived between the parties as per compromise deed Exhibit PA the matter stands finally settled.
Accordingly, the matter stands finally settled. The parties shall be bound by the terms and conditions of the agreement as agreed.
The judgment continues below.
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Reproduced from the public record of the Himachal Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.