Davinder Kumar v. Rajat Kakkar And Another

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 03.10.2024 Davinder Kumar ... Petitioner

Versus

Rajat Kakkar and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sandeep Sharma, Advocate, for the petitioner. Mr. Vivek Gupta, Advocate for respondent No.1 (appeared through video conferencing).

Respondent No.1-Rajat Kakkar in person.

Mr. Japjot Singh, AAG, Punjab.

***** GURVINDER SINGH GILL , J . (Oral) 1.

By way of the instant revision petition, the petitioner assails judgment dated 04.10.2021 passed by learned Additional Sessions Judge, Jalandhar vide which his appeal assailing his conviction for offence punishable under Section 138 of Negotiable Instruments Act as

- 2 - recorded by learned Judicial Magistrate 1st Class, Phillaur vide order dated 22.02.2019, has been dismissed.

2.

On the last date of hearing it was represented that there are chances of amicable settlement and consequently this Court had referred the parties to Mediation and Conciliation Centre at Jalandhar. 3.

Learned counsel for the petitioner has today submitted that the matter has been amicably resolved amongst the parties and that the entire amount has been paid to respondent No.1/complainant namely Rajat Kakkar who is present in the Court and has been identified by Mr. Vivek Gupta, Advocate, who has joined the proceedings through video conference.

4.

Respondent No.1 has stated that he has compromised the matter with the petitioner and has received the entire amount and has no objection in case the revision petition is accepted and the impugned judgments are set aside.

5.

In view of the aforestated position this Court is satisfied that the matter has been amicably resolved amongst the parties. Consequently, having regard to the nature of offence and the fact that both the parties have stated that the matter has been compromised and the entire amount has been paid to the complainant, the revision petition is accepted and order dated 04.10.2021 passed by learned Additional Sessions Judge, Jalandhar as well as judgment dated

- 3 - 22.02.2019 passed by learned Judicial Magistrate 1st Class are hereby set aside and the petitioner is acquitted of the charges. 03.10.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No