Crl. Misc. No.M-34114 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-34114 of 2010 Date of Decision: November 19, 2010 M/s Akash Rice Mill and another …..Petitioners Vs. State of Punjab and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.K.D.S. Sodhi, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) Petitioner No.2 being a convict in proceedings under Section 138 of the Negotiable Instruments Act in a complaint filed by Markfed- respondent No.2 is in appeal against the said order. Counsel for the petitioners submits that on payment of the amount of the disputed cheque matter has been compromised. The lower Appellate Court has been informed about the matter having been Crl. Misc. No.M-34114 of 2010 [2] compromised by the petitioners and the complainant- respondent No.2 but the formal compromise after necessary formalities is to be produced by the end of December before the Court but the petitioners have got an apprehension, in view of the order dated November l9, 2010, annexure P-1 and order annexure P-3 dated November 13, 2010 that the appeal would be decided as short dates are being given by the lower Appellate Court. Inherent jurisdiction of this Court has been invoked to seek a direction to the first Appellate Court to extend the time period for placing on record the compromise between the parties. It appears that through an application under Section 311 Cr.P.C. (under a wrong provision), an attempt has been made to place on record the compromise. The application under Section 311 Cr.P.C. to be under wrong title instead of under Section 391 Cr.P.C. has been filed to place on record the compromise. After hearing counsel for the petitioners and taking into consideration the law laid down by the Supreme Court in Damodar S. Prabhu Vs. Sayed Babalal H., 2010 (2) RCR (Crl.) 851, the parties can compound the offence in trial Court or at any other later stage of the litigation. Counsel for the petitioners has submitted that the compromise will be produced by the second week of January, 2011. This petition is disposed of with liberty to the petitioners and the complainant to produce the compromise before the lower Appellate Court by January 31, 2011 and seek adjudication on the basis of Crl. Misc. No.M-34114 of 2010 [3] compounding as per the ratio of the judgment in Damodar S. Prabhu’s case (supra). November 19, 2010 (M.M.S.BEDI) sanjay JUDGE