Brij Lal Sharma v. M/S Balaji Finance Company

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRR No.1232 of 2013 (O&M) Date of Decision: November 06, 2015 Brij Lal Sharma

...Petitioner

VERSUS

M/s Jai Balaji Finance Company

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Shiv Kumar, Advocate for the petitioner.

Mr.Som Nath Gaur, Advocate for the respondent.

**** INDERJIT SINGH, J.

The present revision has been filed by the petitioner Brij Lal Sharma against M/s Jai Balaji Finance Company, challenging the impugned judgment of conviction dated 04.02.2012 and order of sentence dated 06.02.2012 passed by learned Judicial Magistrate Ist Class, Faridabad, vide which the petitioner was convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for a period of six months along with compensation of amount of `95,419/- i.e. cheque amount and also challenging the judgment dated 31.07.2012 passed by learned Addl. Sessions Judge, Faridabad, vide which appeal filed by petitioner was dismissed.

VINEET GULATI 2015.12.02 10:11 I attest to the accuracy and authenticity of this document Chandigarh

CRR No.1232 of 2013 -2Notice of motion was issued and learned counsel for the respondent appeared.

Today, learned counsel for the parties have submitted that parties have effected a compromise and they amicably settled the matter. Learned counsel for the respondent has stated that respondent has already received the payment and has no objection if the offence is compounded. The affidavit of Partner of M/s Jai Balaji Finance Company has also been placed on the record regarding the compromise along with application under Section 482 Cr.P.C. for compounding the offence.

In view of the lawful compromise effected between the parties and offence being compoundable under which the petitioner has been convicted, is compounded.

In view of the compromise, the present petition is allowed and the accused is acquitted of the charge framed against him. The judgments and order passed by both the Courts below are set aside in view of the lawful composition of the offence. Petitioner Brij Lal Sharma be set at liberty forthwith, if his custody is not required in connection with any other case.

November 06, 2015 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2015.12.02 10:11 I attest to the accuracy and authenticity of this document Chandigarh