High Court of Punjab and HaryanaCRR/1383/2024allowed

Manjit Singh v. State Of Haryana And Another

2024-08-21Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRR-1383-2024 (O&M) Date of Decision:-21.8.2024 Manjit Singh ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Parminder Singh, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana.

***** GURVINDER SINGH GILL, J. (Oral)

1. Petitioner - Manjit Singh assails judgment dated 23.7.2024 passed by learned Sessions Judge, Kaithal vide which an appeal filed by him assailing his conviction for offence under Section 138 of Negotiable Instruments Act as recorded by learned Judicial Magistrate 1st Class, Kaithal vide judgment and order of sentence dated 14.8.2023, has been dismissed.

2. When the matter was taken up before this Court on 26.7.2024 it was represented on behalf of the petitioner that the petitioner is willing to settle the matter amicably and to pay the balance amount of Rs.60,000/- out of the total compensation amount of Rs.75,000/- as an amount of Rs.15,000/- already stood paid.

3. Learned counsel representing the petitioner has today brought two demand drafts i.e. demand draft bearing No.517418 for an amount of Rs.25,000/- and Pankaj Kakkar 2024.08.22 10:53 I attest to the accuracy and authenticity of this document

CRR-1383-2024 (O&M) ( 2 ) demand draft bearing No.517417 for an amount of Rs.35,000/- favouring complainant - Sunil Kumar.

4. Mr. Rohit Singh, Advocate has put in appearance on behalf of respondent No.2/complainant and has filed Vakalatnama, which is taken on record. Complainant Sunil Kumar is also present in person alongwith Mr. Rohit Singh, Advocate.

5. Complainant - Sunil Kumar, who is present in person, has stated before this Court that he is willing to amicably resolve the matter subject to the petitioner making a payment of Rs.60,000/-. The petitioner has handed over the aforesaid demand drafts i.e. demand draft bearing No.517418 for an amount of Rs.25,000/- and demand draft bearing No.517417 for an amount of Rs.35,000/- to complainant - Sunil Kumar. A copy of the same has been furnished to this Court, which is taken on record.

6. Having regard to the nature of offence i.e. offence under Section 138 of Negotiable Instruments Act and the fact that the complainant and the petitioner have amicably resolved the matter and that the complainant has no objection in case the petition is accepted, the instant petition is allowed and the offences are hereby compounded. Consequently, judgment dated 23.7.2024 passed by learned Sessions Judge, Kaithal as well as judgment and order of sentence dated 14.8.2023 passed by learned Judicial Magistrate 1st Class, Kaithal are hereby set aside. The accused/petitioner is acquitted of all the charges framed against him.

21.8.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.08.22 10:53 I attest to the accuracy and authenticity of this document