High Court of Punjab and HaryanaCRR/2308/2022disposed of

Isher Ram v. Bharat Mittal

2023-01-17Mr. Justice Harsh Bunger6 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (O&M) Date of Decision: 17.01.2023 ....Petitioner

Versus

...Respondent

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Sanjeev Manhas, Advocate for the petitioner.

Mr. Rajesh K. Chaudhary, Advocate for the respondent.

HARSH BUNGER, J. (Oral) CRR-2308-2022 The petitioner has been convicted for offence punishable under Section 138 of the Negotiable Instruments Act (in short "NI" Act) vide judgment of conviction and order of sentence dated 10.05.2018, passed by Judicial Magistrate, First Class, Nabha, whereby, the petitioner was sentenced as under:-

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$ !% &'" """() !& The aforesaid judgment of conviction and order of sentence dated 10.05.2018, passed by Judicial Magistrate, First Class, Nabha, has been upheld by the Court of Additional Sessions Judge, Patiala, vide order dated 03.01.2022 and the petitioner was taken into custody to undergo the

-*- sentence imposed upon him.

The petitioner has filed the instant petition against the abovesaid judgment of conviction and order of sentence dated 10.05.2018, passed by Judicial Magistrate, First Class, Nabha and also the order dated 03.01.2022 passed by Additional Sessions Judge, Patiala vide which sentence of the accused/petitioner was upheld. Along with the present petition, an application bearing CRM-41615 of 2022 for compounding of offence has also been filed inter alia on the ground of amicable settlement between the parties.

Learned counsel for petitioner has relied upon Damodar S. Prabhu v. Sayed Babalal H. 2010(2) RCR (Criminal) 851 and Kaushalya Devi Massand v. Roopkishore, 2011(2) RCR (Criminal) 298 to contend that the compromise in question would definitely go in long way to strengthen the mutual relationship between the parties and would serve as an ever lasting tool in their favour. It is submitted that this exercise would be in consonance with the spirit of Section 147 of the Negotiable Instruments Act as endorsed in Damodar S. Prabhu's (supra).

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& !$!!89 % $$!$& 17.01.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No