High Court of Punjab and HaryanaCRR/1843/2016allowed

Sanjeev Soni v. Salil Chopra

2023-02-24Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-1843-2016 (O&M) Decided on : 24.02.2023 Sanjeev Soni ...... Petitioner

Versus

Salil Chopra ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. N.S.Lucky, Advocate for the petitioner.

Mr. Sandeep Chopra, Advocate for the respondent.

**** Manjari Nehru Kaul, J.(Oral) CRM-16018-2018 This is an application under Section 5 of Limitation Act for condonation of delay of 1121 days in filing the revision petition. Allowed as prayed for and delay of 1121 days in filing the revision petition stands condoned.

Main case The instant revision petition has been preferred to impugn the judgment of conviction and order of sentence dated 28.09.2011 passed by learned JMIC, Hoshiarpur, which was affirmed in appeal by the learned Addl. Sessions Judge (Ad hoc) Fast Track Court, Hoshiarpur vide judgment dated 07.01.2013. The petitioner vide impugned judgment has been convicted for the offence under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for 18 months and to pay a fine of Rs.3,000/-. SONIA BURA 2023.02.28 18:00 I attest to the accuracy and integrity of this document

CRR-1843-2016 (O&M) -2The petitioner has also filed application bearing No.CRM27005 of 2016 under Section 482 Cr.PC r/w Section 147 of the Act for compounding of offence.

Learned counsel for the petitioner submits that subsequent to the conviction of the petitioner, parties have arrived at an amicable settlement and the petitioner has paid an amount of Rs.1,00,000/- to the respondent along with compounding fee. Hence, nothing survives and the instant revision petition be disposed of in terms of the compromise effected between the parties.

Learned counsel for the respondent does not dispute the submissions made by the counsel opposite and also does not oppose the prayer made for compounding of the offence.

Heard learned counsel and perused the relevant material available on record.

In view of the fact that the parties have amicably settled their dispute and the petitioner has paid the entire outstanding amount to the respondent, CRM-27005-2016 is allowed.

Since the application for compounding is allowed, the instant revision petition is also allowed and the impugned judgments and order of conviction are set aside.

(MANJARI NEHRU KAUL) 24.02.2023 JUDGE sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.02.28 18:00 I attest to the accuracy and integrity of this document