High Court of Punjab and HaryanaCRR/3218/2014disposed of

Shiv Kumar v. Chandigarh Schedule Caste

2016-02-24Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. 8925 of 2015 in/and Criminal Revision No. 3218 of 2014 Date of decision : February 24, 2016 Shiv Kumar ....Petitioner versus Chandigarh Scheduled Castes, Backward Classes and Minorities Financial and Development Corporation Ltd., Chandigarh ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Petitioner Shiv Kumar in person Mr. Gautam Dutt, Advocate, for the respondent Fateh Deep Singh, J. (Oral) Learned counsel for the respondent has placed on record authorization letter no. 4700 dated 19.1.2016, authorizing Sh. Kartar Singh, Law Officer, who is present in the Court to finalize the present case. In pursuance of the settlement arrived at between the parties before the Mediator on 27.1.2016, the first party-Shiv Kumar petitioner has appeared in person and paid cash amounting to Rs 77,306/- to Sh. Kartar Singh, Law Officer, authorized representative of second party-Chandigarh Scheduled Castes, Backward Classes and Minorities Financial and Development Corporation Ltd., Chandigarh, who has received and issued receipt for the same.

DALBIR SINGH TIWANA 2016.03.01 15:49 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. 8925 of 2015 in/and Criminal Revision No. 3218 of 2014 -2Since the final term of this agreement has been given effect to as per the terms of the settlement arrived before the Mediator and keeping in view that Shiv Kumar has been convicted under section 138 of the Negotiable Instruments Act and in view of the law laid down in G.Sivarajan Vs. Little Flower Kuries & Enterprises Ltd. & Anr., 2005(2 DCR 408 and Ritesh Gupta vs. State of Punjab and another, 2009(3) RCR (Crl.) 61, the offence being compoundable in nature and having paid the amount in question to the entire satisfaction of the complainant side and in view of the law laid down in Gian Singh vs State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others vs State of Punjab and another, 2007(3) RCR (Criminal) 1052, judgment of conviction dated 2.1.2013 passed by learned Judicial Magistrate Ist Class, Chandigarh as well as judgment passed by learned first appellate court are hereby set aside thereby acquitting the accused-petitioner of the charge.

( Fateh Deep Singh ) February 24, 2016 Judge 'tiwana'

DALBIR SINGH TIWANA 2016.03.01 15:49 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.