High Court of Punjab and HaryanaCRR/926/2018allowed

Shiv Kumar Sood v. Sukhdev Mahajan

2023-02-09Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-926-2018 (O&M) Date of Decision:-09.02.2023 SHIV KUMAR SOOD ... Petitioner

Versus

SUKHDEV MAHAJAN ... Respondent *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Vishal Nehra, Advocate for the petitioner.

Mr. Gaurav Deep Goel, Advocate for the respondent.

***** KARAMJIT SINGH , J. (Oral) The petitioner has filed the present petition challenging the judgment dated 11.04.2017 passed by Judicial Magistrate Ist Class, Panchkula whereby the petitioner was convicted and sentenced to simple imprisonment for a period of 1 month and to pay compensation equivalent to cheque amount i.e. `8,50,000/- under Section 138 of Negotiable Instruments Act; and judgment dated 21.02.2018, whereby the appeal filed by the petitioner against the aforesaid judgment and order was dismissed by the Court of Additional Sessions Judge, Panchkula, while the appeal filed by GAURAV SOROT 2023.02.16 12:58 I attest to the accuracy and authenticity of this order, judgment and documents.

( 2 ) CRR-926-2018 (O&M) respondent/complainant was allowed and sentence of imprisonment is enhanced.

Still being aggrieved, the petitioner has filed the present revision petition.

Today the counsel for the petitioner submits that the parties have effected compromise and the respondent is having no objection if the offence under Section 138 Negotiable Instruments Act is compounded. Mr. Gaurav Deep Goel, Advocate, who has appeared on behalf of the respondent has admitted the factum of compromise and further stated that the respondent is having no objection if the offence is compounded and the petitioner is acquitted.

It is clear that the parties have settled their dispute by way of compromise, as per Section 147 of Negotiable Instruments Act. So permission is hereby granted to the parties to compound the offence punishable under Section 138 of Negotiable Instruments Act. Consequently, the present revision petition is allowed and impugned judgments and orders passed by the Courts below are set aside, and the petitioner is acquitted of an offence punishable under Section 138 Negotiable Instruments Act.

( KARAMJIT SINGH) 09.02.2023 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2023.02.16 12:58 I attest to the accuracy and authenticity of this order, judgment and documents.