Kamaljit Singh v. Jatinder Singh And Another
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (O&M) Date of Decision: 21.12.2022
....Petitioner
Versus
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. Munish Kumar, Advocate for the petitioner.
Mr. Vinay Kumar Gupta, AAG, Punjab.
Respondent No.1 in person.
HARSH BUNGER, J. (Oral) 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 sentence dated 17.02.2020, passed by Judicial Magistrate Ist Class, Shaheed Bhagat Singh Nagar, whereby, the petitioner was sentenced as under:-
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%' #"% ( Aggrieved against the aforesaid judgment of conviction and sentence dated 17.02.2020 passed by Judicial Magistrate Ist Class, Shaheed
-0Bhagat Singh Nagar, the petitioner had filed an appeal before the learned Sessions Judge, Shaheed Bhagat Singh Nagar, where the petitioner made payment of Rs.50,000/- through a cheque to the respondent No.1/complainant as part payment of cheque amount in dispute, which was duly accepted by respondent No.1/complainant (Jatinder Singh). The said fact was duly recorded in the order dated 27.10.2022 (Annexure P-2) passed by the Sessions Judge, Shaheed Bhagat Singh Nagar. However, subsequently vide judgment dated 06.12.2022, the appeal filed by the petitioner was dismissed, whereupon the petitioner was taken into custody to undergo the remaining sentence imposed upon him The petitioner has filed the instant petition against the abovesaid judgment dated 17.02.
2020 passed by Judicial Magistrate Ist Class, Shaheed Bhagat Singh Nagar and also the judgment dated 06.12.2022 passed by Additional Sessions Judge, Shaheed Bhagat Singh Nagar. In the petition, it is mentioned that cheque amount of Rs.50,000/- was paid by the petitioner to respondent No.1/complainant during the pendency of the appeal before Sessions Judge, Shaheed Bhagat Singh Nagar, however since he could not arrange the remaining amount accordingly his appeal was dismissed but now the petitioner had prepared the demand draft amounting to Rs.1,50,000/- in favour of respondent No.1/complainant as the matter had been amicably settled between the parties. Along with the present petition an application for compounding of offence has also been filed. Vide order dated 16.12.
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2 > Vide order of even date i.e. 16.12.2020 passed in CRM-489752022, the sentence of imprisonment imposed upon the petitioner was also suspended during the pendency of the present Criminal Revision Petition. '$ ' #!
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2'( I have considered the submissions made on behalf of the respective parties and have perused the paperbook.
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& -! Judicial Magistrate Ist Class, Shaheed Bhagat Singh Nagar, vide order dated 17.02.2020, as upheld vide order dated 06.12.2020 passed by the Sessions Judge, Shaheed Bhagat Singh Nagar. However, the same shall be subject to payment of cost of 15 per cent of the dishonoured cheque value which shall be deposited by the petitioner with the Haryana Legal Services Authority
-8within a period of 30 days from the passing of this order. Accordingly, the instant criminal revision petition is disposed of in the aforestated terms. Pending application(s), if any, stands disposed of. 21.12.2022 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No