Prem Nath v. State Of Punjab And Another
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0 Learned Sessions Judge, Pathankot had adjourned the matter to 11.11.2021 because two months time had to expire on 10.11.2021. There is no illegality as far as this part is concerned. The only issue with which this Court is concerned is that instead of affording one more opportunity during the Covid-19 Pandemic days, learned Sessions Judge, Pathankot went on to decide the appeal and upheld the conviction. In paragraph 15 of the judgment, learned court noticed the factum of compromise but did not adjourn the matter even for a day to enable one more opportunity by way of compassion.
Now the petitioner/convict has shown his bona fide by sending the balance amount of Rs.1,50,000/- to the complainant by registered post. Given above, the matter has to be heard on compromise and not on merits as was done by the learned Sessions Judge, Pathankot. Consequently, the present revision petition is allowed. The impugned judgment passed by the learned Sessions Judge, Pathankot in Criminal Appeal No. 39 of 25.04.2019, decided on 11.11.2021 is set aside and the matter is remanded back to the court of learned Sessions Court, Pathankot to enable recording the statements of the parties on compromise and also to give time to the convict/petitioner to make good 15% compounding fee as per the directions of the Hon'ble Supreme Court in Damodar S.Prabhu v. Sayed Babalal H, 2010(5) SCC 633.
The parties are directed to appear before the learned Sessions Court in the month of January, 2022. The petitioner is directed to appear either in person or through his counsel before the concerned court. In case, the parties fail to record their statements in a reasonable time, it shall be open for the concened Court to decide the matter on merits.
(ANOOP CHITKARA) JUDGE December 14, 2021 Manpreet Whether speaking/reasoned Yes Whether reportable No