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High Court of Punjab and HaryanaCRR/4208/2015disposed of

Harnek Singh v. State Of Punjab And ANR.

2015-11-02Mr Justice Rakesh Kumar Jain2 pages

Crl. Revision No. 4208 of 2015 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 4208 of 2015 (O&M) Date of decision: 2.11.2015 Harnek Singh ......Petitioner

Versus

State of Punjab and another ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Munish Gulati, Advocate for the petitioner.

Respondent No. 2 in person along with Mr. A.S.Khinda, Advocate **** SABINA, J.

Petitioner had faced the trial qua commission of offence punishable under Section 138 of Negotiable Instruments Act, 1881 ('Act' for short) in a complaint filed by respondent No. 2. Trial Court vide judgment/order dated 2.6.2014 ordered the conviction and sentence of the petitioner under Section 138 of the Act. Aggrieved against the said judgment/order of his conviction and sentence, petitioner preferred an appeal and the same was dismissed by the Appellate Court vide order dated 12.8.2015. Hence, the present petition by the petitioner.

Learned counsel for the petitioner has not challenged the conviction of the petitioner under Section 138 of the Act but has submitted that sentence qua imprisonment of the petitioner be reduced to the period already undergone by him as the parties have amicably settled their dispute.

GURPREET SINGH 2015.11.05 10:21 I attest to the accuracy and authenticity of this document chandigarh

Crl. Revision No. 4208 of 2015 (O&M) -2Respondent No. 2 is present in person and has admitted the factum of compromise between the parties. He has further stated that he has received full and final payment of his claim from the petitioner and has no objection if the sentence qua imprisonment of the petitioner is reduced to the period already undergone by him. He has tendered on record his affidavit in this regard.

Accordingly, conviction of the petitioner under Section 138 of the Act is maintained. However, sentence qua imprisonment of the petitioner is reduced to the period already undergone by him. Petitioner, who is in custody, be set at liberty forthwith, if not required in any other case.

Petition stands disposed of accordingly.

(SABINA) JUDGE November 02, 2015 Gurpreet GURPREET SINGH 2015.11.05 10:21 I attest to the accuracy and authenticity of this document chandigarh