Sudershan Lal Dureja And Anr vs Indiabulls Financial Services ...
2022 Latest Caselaw 15810 P&H

                                In the High Court for the States of Punjab and Haryana
                                                At Chandigarh


                                                                    CRR-2980-2018 (O&M)
                                                                    Date of Decision:-5.12.2022



                Sudershan Lal Dureja and another                                       ... Petitioners

                                                       Versus

                Indiabulls Financial Services Limited                              ... Respondent




                CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL



                Present:-          Mr. Neeraj Sheoran, Advocate for the petitioners.

                                   Ms. Kiran Bala, Advocate for the respondent.

                                               *****

                GURVINDER SINGH GILL, J. (Oral)

1. The instant petition has been filed by the petitioners/accused assailing

judgment dated 2.8.2018 passed by learned Additional Sessions Judge,

Gurugram, whereby learned Additional Sessions Judge, Gurugram, while

dismissing an appeal filed by the petitioners challenging judgment dated

1.12.2017 and order of sentence dated 6.12.2017 passed by learned Judicial

Magistrate 1st Class, Gurugram, has upheld the conviction of the petitioners

for offence under Section 138 of Negotiable Instruments Act in respect of

dishonour of a cheque for an amount of Rs.56,675/-.

2. During the course of pendency of this petition, the parties were referred to

Mediation and Conciliation Center of this Court, wherein the matter was

PANKAJ KAKKAR 2022.12.05 18:25 I attest to the accuracy and authenticity of this document (2) CRR-2980-2018 (O&M)

amicably resolved amongst the parties and two cheques were given to the

complainant/respondent i.e. cheque No.922104, dated 19.9.2018 amounting

to Rs.15,000/- and cheque No.922106, dated 19.9.2018, amounting to

Rs.70,000/-.

3. Learned counsel representing the respondent/complainant has submitted that

pursuant to the compromise, the aforesaid cheques had been received by the

respondent/complainant and have been encashed and that the

respondent/complainant does not have any objection for acceptance of the

instant petition and for setting aside the impugned judgments.

4. In view of the aforestated position, wherein the parties have amicably

resolved the matter, the instant petition is allowed and the impugned order

dated 2.8.2018 passed by learned Additional Sessions Judge, Gurugram;

judgment dated 1.12.2017 and order of sentence dated 6.12.2017 passed by

learned Judicial Magistrate 1st Class, Gurugram, are hereby set aside and the

petitioners are hereby acquitted of the charges.

                5.12.2022                                           ( Gurvinder Singh Gill )
                pankaj                                                     Judge
                                Whether speaking /reasoned     Yes / No

                                Whether Reportable             Yes / No




PANKAJ KAKKAR
2022.12.05 18:25
I attest to the accuracy and
authenticity of this document