Sodan Singh v. M/S Mahindra & Mahindra Financial Service Ltd
2023:PHHC:099428 CRR-3750-2012 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRR-3750-2012 (O&M) Date of decision: August 02, 2023 Sodan Singh ....Petitioner versus M/s Mahindra and Mahindra Financial Services Limited ....Respondent
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA Present:- None for petitioner.
Ms. Jasleen Chahal, Advocate for Mr. Nitin Thatai, Advocate for respondent.
***** ARUN MONGA, J. (ORAL) Challenge herein is to an order dated 20.12.2022 passed by learned Sessions Judge, Gurgaon whereby appeal filed by petitioner-accused against judgment of conviction dated 09.05.2012 and order of sentence dated 11.05.2012 passed by learned Judicial Magistrate First Class, Gurgaon, was dismissed. Further challenge is to judgment of conviction/ sentence dated 09.05.2012/ 11.05.2012, respectively whereby petitioner was convicted for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act') and sentenced to undergo rigorous imprisonment for a period of 1 year and to pay compensation of the cheque amount i.e., Rs.5,74,000/- to the complainant.
2.
Succinct facts, as narrated in judgment of learned JMIC, Gurgaon, are as below:
"2.
Case of the complainant as pleaded in the complaint is that complainant is a public limited company incorporated under the provisions of Companies Act, 1956 and the same is engaged in the business of Money Lending, leasing and financing of the vehicles etc. Complainant company has authorized Shri Rohtash Rohilla as its duly authorized representative to institute, file and prosecute any suit, application, complaints etc., on behalf of the aforesaid company.
It has been further submitted that during the course of business, the accused approached the complainant company with a request to provide him some financial help for the purchase of a vehicle on finance under the basis of finance and loan agreement and upon negotiations and on the basis of representations made by the accused, the complainant company sanctioned a loan to the accused repayable in equated monthly installments with interest after entering into an Agreement No.369208 with him. It has been further submitted that in order to discharge his above referred debt and existing liability towards the complainant company accused issued a cheque MAHAVIR SINGH 2023.08.
2023:PHHC:099428 CRR-3750-2012 (O&M) bearing No. 991311 dated 21.7.2008 for a sum of Rs.5,74,000/ - drawn on Syndicate Bank, Nuh in favour of the complainant company. Complainant presented the cheque in question for realization with its banker HDFC Bank Lid. but the same was returned back unpaid with the remarks "Insufficient funds" through bank memo dated 4.8.2008. Complainant served a legal notice dated 1.9.2008 upon the accused but in spite of that the accused did not make payment. Hence, the present complaint."
3.
Parties were directed to appear before the Mediation and Conciliation Centre of this Court on 30.08.2022 to record their statements and to settle the dispute by way of executing settlement deed by incorporating all terms and conditions, vide order dated 18.08.2022 passed by a co-ordinate Bench of this Court. Thereafter, report dated 15.09.2022 was received which is annexed as Annexure 'A'. Perusal of same reveals that matter was settled between the parties and settlement/ agreement was effected. Terms of settlement, inter alia, arrived at between the parties read as under: "i) That as stated by the petitioner, petitioner has paid full and final amount of Rs.5,25,000/- (Rupees Five Lacs Twenty Five Thousand only) against the loan agreement No.369208 and in that regard document/ certificate dated 20.11.2012 has been issued by the respondent/company. xxx xxxxx xxxxxx xxxxxxxx"
4.
On resumed hearing today, none appears on behalf of the petitioner-accused, while on the other hand, learned counsel for respondent submits that in terms of aforesaid settlement/ agreement dated 15.09.2022, nothing is outstanding by petitioner qua liability arising out of cheque in question, which got dishonored, and therefore, she is under instructions to not press the complaint and have no objection, if instant petition is allowed and impugned judgments/ orders of conviction and sentence are set aside. 5.
Being so, dispute being private in nature since has already been settled to the satisfaction of both the parties, impugned order dated 20.12.2022 passed by learned Sessions Judge, Gurgaon, and judgment of conviction dated 09.05.2012 and order of sentence dated 11.05.2012 passed by learned Judicial Magistrate First Class, Gurgaon are set aside. Petitioner stands acquitted of the charge against him. 6.
Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE August 02, 2023 mahavir Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No MAHAVIR SINGH 2023.08.09 15:04 I attest to the accuracy and authenticity of this order/ judgment