Dharambir v. Lalit Bansal And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-24.02.2023 DHARAMBIR ... Petitioner

Versus

LALIT BANSAL AND ANOTHER ... Respondents *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Pawan Kumar Hooda, Advocate for Mr. Vikram Bali, Advocate for the petitioner.

Mr. Yashveer Kharb, Advocate for respondent No.1.

Mr. Naveen Kumar Sheoran, DAG, Haryana for respondent No.2.

***** KARAMJIT SINGH , J. (Oral) CRM-8666-2023 In view of the reasons mentioned in the application, the same is allowed and the main case is ordered to be taken on board today itself. CRM-8664-2023 Allowed as prayed for and affidavit of respondent No.1-Lalit Bansal is ordered to be taken on record subject to all just exceptions. The application stands disposed of accordingly.

( 2 ) The petitioner has filed the present petition challenging the judgment dated 15/16.01.2019 passed by Judicial Magistrate Ist Class, Panipat whereby the petitioner was convicted and sentenced to simple imprisonment for a period of 1 year and sentenced to fine of `3,36,150/- and in case of non-payment of fine, to further undergo simple imprisonment for a period of 1 month under Section 138 of Negotiable Instruments Act; and judgment dated 16.09.2022, whereby the appeal filed by the petitioner against the aforesaid judgment and order was dismissed by the Court of Additional Sessions Judge, Panipat.

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. Counsel appearing on behalf of respondent No.1 has admitted the factum of compromise and further stated that respondent No.1 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.

( 3 ) The petitioner be released from the concerned jail immediately as per rules, if not required in any other criminal case. ( KARAMJIT SINGH) 24.02.2023 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No