High Court of Punjab and HaryanaCRR/1095/2018allowed

Harjinder Singh v. Gurupdesh Singh And ANR

2025-08-05Mr. Justice Surya Partap Singh3 pages

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-5.8.2025 Harjinder Singh ... Petitioner

Versus

Gurupdesh Singh and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE SURYA PARTAP SINGH Present:- Mr. Ashok Kumar Sama, Advocate for the petitioner. Mr. Ajay Pal Singh, Advocate for respondent No.1. Mr. Jatin Kundu, Assistant A.G., Punjab.

***** SURYA PARTAP SINGH , J.(Oral) CRM-10390-2018 In view of the reasons mentioned in the application, the same is allowed and the document annexed with the application is taken on record as Annexure P-1 subject to all just exceptions.

CRR-1095-2018

1. Vide abovementioned revision, the petitioner - Harjinder Singh is assailing the judgment dated 20.1.2016, passed by learned Additional Sessions Judge, Fazilka, vide which an appeal filed by him against the judgment of conviction, recorded by learned Judicial Magistrate Ist Class, Fazilka, dated 9.9.2014, for the commission of offence punishable under Sections 138 of

( 2 ) Negotiable Instruments Act, 1881, has been upheld with certain modifications.

2. During the course of pendency of the instant revision petition, it was expressed that the parties had amicably resolved their issues and that the matter has been fully compromised. This Court consequently order dated 14.2.2025 had directed the parties to get their statements recorded qua the factum of compromise.

3. Mr. Ajaypal Singh, Advocate representing respondent No.2, who was complainant before the learned trial Court, has endorsed the factum of compromise, and expressed that respondent No.2 has no objection if the impugned judgments are set aside.

4. Report of learned Judicial Magistrate Ist Class, Fazilka has been received, wherein it has been reported that statements of the petitioner as well as of the complainant/respondent No.2 have been recorded and it has been opined that the parties have entered into a compromise without any pressure or coercion and that the compromise is genuine and valid.

5. Having regard to the facts and circumstances of the case and the fact that the complainant and the petitioner have amicably resolved the matter, and that the complainant/respondent No.2 has no objection in case the present revision petition is accepted, the instant revision petition is allowed and the offences are hereby compounded. Consequently, by accepting the instant Revision Petition, the judgment dated 20.1.2016 passed by learned Additional Sessions Judge, Fazilka, vide which an appeal filed by him against the judgment of conviction by learned Judicial Magistrate Ist Class,

( 3 ) Fazilka, dated 9.9.2014 as well as the abovementioned judgment of learned Judicial Magistrate 1st Class, are hereby set aside. The accused/petitioner is acquitted of all the charges framed against him. Consequently, his bail bonds are discharged.

6. Pending miscellaneous application, if any, stands disposed of accordingly. 5.8.2025 ( Surya Partap Singh ) Geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No