High Court of Punjab and HaryanaCRR/2620/2012dismissed

Rajiv Aggarwal v. State Of Punjab & ORS

2015-11-18Mr. Justice Mahavir Singh Chauhan3 pages

417 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No. 2620 of 2012.

Decided on: 18.11.2015.

Rajiv Aggarwal ... Petitioner

Versus

State of Punjab and others ... Respondents CORAM :

Hon'ble Mr. Justice Jitendra Chauhan Present :

Mr. J.K. Puri, Advocate, for the petitioner.

Mr. Mehardeep Singh, DAG, Punjab.

Mr. KL Verma, Advocate, for the complainant.

JITENDRA CHAUHAN.J.(ORAL) This revision is filed against the judgment dated 27.8.2012, passed by the Sessions Judge, Jalandhar whereby the judgment of acquittal dated 21.9.2011, passed by the Judicial Magistrate Ist Class, Jalandhar was reversed and the accused was convicted under Section 138 of Negotiable Instruments Act and sentenced to undergo RI for one year and to pay fine of Rs.3000/- with

default stipulation.

During the pendency of present revision petition, the parties have reached at a compromise. The cheque amount has been paid to the complainant. In Damodar S. Prabhu v. Sayed Babalal 2010 (3) Recent Apex Judgments (R.A.J.) 180 the Hon'ble Supreme Court has framed guidelines for compounding of offence under Section 138 of the Negotiable Instruments Act, wherein it has been held that if the parties compound the offence in this Court, the accused has to pay fifteen percent as costs of compounding. In this case, composition of offence under Section 138 of the Act is allowed subject to payment of fifteen percent of the cheque amounts worth Rs. 4 lacs, which shall be deposition with the Member Secretary, Punjab State Legal Services Authority, Chandigarh, within four months from today.

If the accused/ respondent Rajiv Aggarwal fails to do the same, this revision shall be deemed to be dismissed without further notice.

petition is allowed and the accused is acquitted on the basis of composition. The bail bonds and surety bonds stand discharged. A copy of this judgment be forwaded to the Member Secretary, Punjab State Legal Services Authority, Chandigarh, for necessary action.

18.11.2015.

(JITENDRA CHAUHAN) SN JUDGE