High Court of Punjab and HaryanaCRR/1949/2018disposed of

Harbinder Singh v. State Of Punjab & ANR

2018-10-08Lok Adalat Bench - 12 pages

-1CRR-1949 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-1949 of 2018 (O&M) Date of Decision: 08.10.2018 Harbinder Singh ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Rishu Mahajan, Advocate, for the petitioner. Mr. Amandeep S. Gill, DAG, Punjab.

Mr. Tushar Gautam, Advocate, for Mr. Amandeep Chopra, Advocate, for respondent No.2. RAMENDRA JAIN, J. (ORAL) Custody certificate filed in Court today is taken on record. Through this revision challenge has been laid to judgment dated 12.04.2018 of learned Additional Sessions Judge, Jalandhar, affirming judgment of conviction and order of sentence dated 20.08.2015 of the trial Court, holding guilty and sentencing the petitioner to undergo rigorous imprisonment for a period of 10 months under Section 138 of the Negotiable Instruments Act (for short the 'Act') and pay compensation under Section 357 Cr.P.C. to the tune of double the cheque amount, Through CRM-20808 of 2018 under Section 397(1) Cr.P.C., prayer has been made for compounding the offence of the petitioner. Learned counsel for the petitioners submits that parties have compromised the matter vide compromise deed dated 23.05.2018 (Annexure P-1) duly thumb marked by respondent No.2-complainant. RAVINDER SINGH 2018.10.12 09:14 I attest to the accuracy and authenticity of this document

-2CRR-1949 of 2018 (O&M) Learned counsel appearing on behalf of respondent No.2complainant admitted the compromise (Annexure P-1) to be correct and genuine.

As per office report, according to the ratio laid down in Damodar S. Prabhu v. Sayed Babalal H., 2010(2) R.C.R.(Criminal) 851, 15% of the cheque amount has been deposited vide receipt No.72 dated 01.10.2018.

In view of above, parties are permitted to compound the offence. Consequently, complaint filed by respondent No.2 under Section 138 of the Act and all consequential proceedings arising therefrom are quashed.

Disposed of.

(RAMENDRA JAIN) October 08, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.10.12 09:14 I attest to the accuracy and authenticity of this document