High Court of Punjab and HaryanaCRR/3758/2017disposed of

Gurmukh Singh v. M/S Yashik Finance Co & ANR

2018-08-10Mrs Justice Daya Chaudhary2 pages

-1CRR-3758 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-3758 of 2017 (O&M) Date of Decision: 10.08.2018 Gurmukh Singh ....Petitioner

Versus

M/s Yashik Finance Company and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Inderjit Sharma, Advocate, for the petitioner. Mr. Rakesh Gupta, Advocate, for respondent No.1. Mr. Arjun Singh Yadav, AAG, Haryana.

RAMENDRA JAIN, J. (ORAL) CRM-6205 of 2018 For the reasons mentioned in the application, same is allowed. Annexures P-1 and P-2, filed along with the application, are taken on record as additional evidence.

CRM-7986 of 2018 For the reasons mentioned in the application, same is allowed. Certified copy of certificate dated 28.02.2018 issued by the Indian Overseas Bank is taken on record as Annexure P-3.

CRR-3758 of 2017 (O&M) As per office report, 15% of the cheque amount i.e. Rs.1,29,000/-, in view of the ratio of authority Damodar S. Prabhu v. Sayed Babalal H., 2010(2) R.C.R.( Criminal) 851, has been deposited by the petitioner. Learned counsel for respondent No.1 submits that he has no objection to the acquittal of the petitioner by setting aside the impugned RAVINDER SINGH 2018.08.14 11:11 I attest to the accuracy and authenticity of this document judgment of the First Appellate Court dated 22.09.2017, affirming the

-2CRR-3758 of 2017 (O&M) judgment dated 04.02.2016 of the trial Court, whereby petitioner was held guilty and sentenced to undergo simple imprisonment for two years and pay cheque amount of Rs.8,60,000/- with interest @ 9% per annum from the date of filing of complaint till its realization as compensation to the complainant for commission of offence under Section 138 of the Negotiable Instruments Act.

In view of no objection of learned counsel for respondent No.1complainant, judgment of the trial Court and that of the First Appellate Court are set aside.

Disposed of.

(RAMENDRA JAIN) August 10, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.08.14 11:11 I attest to the accuracy and authenticity of this document