High Court of Punjab and HaryanaCRM-M/24813/2011disposed of

Bhushan Gupta v. Harbhajan Singh

2018-07-04Mrs Justice Daya Chaudhary2 pages

-1CRM-M-24813 of 2011 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-24813 of 2011 (O&M) Date of Decision: 04.07.2018 Bhushan Gupta ....Petitioner

Versus

Harbhajan Singh ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Amar Vivek, Advocate, for the petitioner. Mr. F.S. Virk, Advocate, for the respondent.

RAMENDRA JAIN, J. (ORAL) Prayer through instant petition under Section 482 Cr.P.C. has been made for quashing Criminal Complaint No.13/2 dated 14.08.2010, pending in the Court of learned Sub Divisional Magistrate Samrala and summoning order dated 04.09.2010, summoning the petitioner under Section 138 of the Negotiable Instruments Act, 1881. Learned counsel for the petitioner inter alia submits that petitioner did not comply with order dated 26.05.2014 in view of the fact that he had already deposited `1.00 lakh against cheque in question before the trial Court through treasury challan. The same was converted in the shape of some STDR by the trial Court. The petitioner around two years back had fallen chronically ill and he has to verify as to whether the petitioner is still alive.

He further contends that the respondent can be compensated with the amount of `1.00 lakh along with up-to-date interest accrued thereon deposited by the petitioner way back on 18.08.2011 and the Ravinder Singh 2018.07.06 17:45 I attest to the accuracy and authenticity of this document petitioner can be relieved of his liability by dismissing the complaint of the respondent as having been compromised.

-2CRM-M-24813 of 2011 (O&M) Learned counsel for the respondent, while consenting to the above submissions of learned counsel for the petitioner, submits that he has no objection, in case, the amount of FDR along with up-to-date interest is released to the respondent towards full and final settlement and their complaint is quashed.

In view of above, the trial Court is directed to instruct the bank to pay the entire amount which was got deposited into a fixed deposit receipt under Court order relating to this case along with up-to-date interest to respondent Harbhajan Singh against proper receipt and identification in accordance with law. After compliance of this order, the trial Court shall dismiss the complaint of the respondent as withdrawn having been compromised.

Disposed of.

(RAMENDRA JAIN) July 04, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2018.07.06 17:45 I attest to the accuracy and authenticity of this document