Pardeep Kumar v. M/S Mangla Trading Company And Others

CRR No. 3067 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No. 3067 of 2018 (O&M) Date of Decision: 10.10.2018 Pardeep Kumar

...Petitioner

VERSUS

M/s Mangla Trading Company and others ...Respondents CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Saurabh Garg, Advocate for the petitioner.

Mr. Upender Prasher, Advocate for respondents no. 1 and 2.

Mr. Deepak Grewal, DAG, Haryana.

******* SURINDER GUPTA, J.(Oral) Learned counsel for the petitioner submits that he has deposited the compounding charges as per observations of Hon'ble Apex Court in case of Damodar S. Prabhu vs. Sayed Babalal H., (2010) 5 SCC 663. Learned counsel appearing for respondents no. 1 and 2 submits that he has no objection if the application seeking compounding of offence be allowed.

The petitioner was convicted and sentenced to undergo rigorous imprisonment for one year and to pay compensation of `1,68,360/- with simple interest @ 9% per annum by the trial Court. The appeal filed by him was also dismissed and his sentence and conviction was maintained. Now parties have effected the compromise and under the compromise settled amount has been paid to complainant. The petitioner has also deposited compounding charges as per observations of Hon'ble Apex Court in case of Damodar S. Prabhu (supra).

JITENDER KUMAR 2018.10.11 10:11 I attest to the accuracy and integrity of this document Chandigarh

CRR No. 3067 of 2018 -2Keeping in view above facts, this petition is allowed. The offence under Section 138 of Negotiable Instruments Act, for which the petitioner has been convicted is allowed to be compounded and conviction of petitioner as recorded by the Courts below is set aside. This revision is disposed of in above terms.

( SURINDER GUPTA ) October 10, 2018 JUDGE jk Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JITENDER KUMAR 2018.10.11 10:11 I attest to the accuracy and integrity of this document Chandigarh