Gurcharan Singh vs State Bank Of India And Anr
2022 Latest Caselaw 17206 P&H

CRR-2822-2022 (O&M)                                                     -1-

109    IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                          CRR-2822-2022 (O&M)
                                          Date of Decision:19.12.2022


GURCHARAN SINGH                                             ......... Petitioner

                                      Versus

STATE BANK OF INDIA AND ANR                                 ..... Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present :     Ms. Divya Sharma, Advocate
              for the petitioner.
                     ****

JAGMOHAN BANSAL, J. (Oral)

The petitioner through instant petition is seeking quashing

of judgment and order dated 27.08.2018 passed by JMIC, Fatehgarh

Sahib whereby petitioner has been awarded sentence of 1 year for

commission of offence punishable under Section 138 of Negotiable

Instruments Act, 1881 and further directed to pay cheque amount i.e.

Rs.22,00,000/- in terms of Section 357 Cr.P.C. to the complainant. The

petitioner is further assailing order dated 02.02.2019 whereby learned

ASJ, Fatehgarh Sahib has dismissed appeal of the petitioner.

Learned counsel for the petitioner inter alia submits that

petitioner is in custody since 28.10.2022. The petitioner on 15.07.2022

settled the matter with respondent-Bank who in-turn has released land of

the petitioner. Thus, petitioner may be released and present petition may

be allowed.

As held by a three Judge Bench of Hon'ble Supreme Court

P. Mohanraj and others Vs. Shah Brothers Ispat Private Limited

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CRR-2822-2022 (O&M) -2-

(2021) 6 SCC 258, the gravamen of a proceeding under Section 138,

though couched in language making the act complained of an offence, is

really in order to get back through a summary proceeding, the amount

contained in the dishonored cheque together with interest and costs,

expeditiously and cheaply.

Mr. Rakesh Gupta, Advocate for the respondent-Bank

confirms genuineness of Annexure P-1 i.e. letter issued by the State

Bank of India and receipt of full and final payment. He further submits

that Bank has no more grievance against the petitioner.

In view of statement of learned counsel for the respondent-

Bank that Bank has already received its full and final payment, the

alleged offence is a compoundable offence and as per judgment of

Hon'ble Supreme Court in P. Mohanraj and others (supra) the

proceedings under Section 138 of Negotiable Instruments Act, 1881 are

quasi-criminal in nature and essence of proceedings is to expedite

recovery of cheque amount, this Court is of the considered opinion that

present petition deserves to be allowed and is accordingly allowed. The

petitioner is henceforth ordered to be released, if not required in any

other case.

Allowed in the above terms.

All the pending applications shall also stand disposed of.

                                                ( JAGMOHAN BANSAL )
                                                       JUDGE
19.12.2022
Ali
                    Whether speaking/reasoned    Yes/No
                       Whether Reportable        Yes/No




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