Ram Chand & ANR v. Subhash Chander & ANR

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Revn. No. 4155 of 2015 Date of decision : June 02, 2016 Ram Chand and another ....Petitioners versus Subhash Chander and another ....Respondents Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Ms Seema Arora, Advocate, for the petitioners Mr. Sandeep Jasuja, Advocate, for respondent No. 1 Fateh Deep Singh, J. (Oral) Today a sum of Rs 75,000/- has been paid by way of demand draft drawn on State Bank of Patiala dated 1.6.2016, copy of which has been placed on record, in the light of previous orders dated 19.5.2016. A sum of Rs 5 lacs had already been paid to the complainant as per his own personal choice, as detailed in order dated 19.5.2016. Today counsel for the petitioner as well as for the complainant have both vouched for the fact that the parties have effected compromise in respect of which the entire amount stands paid and the dispute in question stands settled including civil and criminal proceedings arising out of this cheque and shall withdraw all such litigation, if any, pending as well for this very cheque amount.

DALBIR SINGH TIWANA 2016.06.10 12:02 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Revn. No. 4155 of 2015 -2- In the light of the stand of the two sides based on the instructions of their respective clients that the parties have effected compromise and do not want to pursue with this litigation and that the same be put to a decent burial in the light of the settled position of 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, being offence under section 138 of the Negotiable Instruments Act, being compoundable and thus, in the light of their compromise, the Courts should not come in a way of settlement as the compromise will go a long way in ironing out the differences and betterment of the relations between the parties, in view of which judgment of conviction dated 27.8.2014 passed by learned Chief Judicial Magistrate, Fazilka as well as judgment dated 20.10.2015 passed by the learned Additional Sessions Judge, Fazilka are hereby set aside and the revision petition stands disposed off accordingly.

( Fateh Deep Singh ) June 02, 2016 Judge 'tiwana'

DALBIR SINGH TIWANA 2016.06.10 12:02 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.