High Court of Punjab and HaryanaCRR/2407/2017disposed of

Ram Niwas Sharma v. Jagdish Chander

2018-10-15Mrs Justice Daya Chaudhary2 pages

-1CRR-2407 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-2407 of 2017 (O&M) Date of Decision: 15.10.2018 Ram Niwas Sharma ....Petitioner

Versus

Jagdish Chander ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Madhav Pokhrel, Advocate, for the petitioner. None for the respondent.

RAMENDRA JAIN, J. (ORAL) Custody certificate filed in Court today is taken on record. Through this revision, accused has laid challenge to judgment dated 05.06.2017 of the First Appellate Court, affirming judgment of conviction and order of sentence dated 25.07.2016 of the trial Court, holding guilty and sentencing the petitioner to undergo rigorous imprisonment for a period of one year under Section 138 of the Negotiable Instruments Act (for short the 'Act') and pay compensation under Section 357(3) Cr.P.C. equivalent to the cheque amount. Through CRM-37564 of 2018 under Section 147 of the Act read with Section 482 Cr.P.C., prayer has been made for compounding the offence of the petitioner.

Learned counsel for the petitioner submits that parties have compromised the matter vide compromise deed dated 03.08.2017 duly signed by respondent-complainant.

RAVINDER SINGH 2018.10.22 16:50 I attest to the accuracy and authenticity of this document

-2CRR-2407 of 2017 (O&M) On 22.01.2018, learned counsel for respondent-complainant had admitted the factum of compromise.

In compliance of order dated 22.01.2018 petitioner has produced receipt No.156 dated 12.10.2018 qua deposit of `90,000/- towards 15% of the cheque amount according to the ratio laid down in Damodar S. Prabhu v. Sayed Babalal H., 2010(2) R.C.R.(Criminal) 851. The same is taken on record.

In view of above, parties are permitted to compound the offence. Consequently, complaint filed by respondent-complainant under Section 138 of the Act and all consequential proceedings arising therefrom, including that of impugned judgments passed by Courts below are quashed. Disposed of.

(RAMENDRA JAIN) October 15, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.10.22 16:50 I attest to the accuracy and authenticity of this document