Darshan Singh vs State Of Punjab And Others
2023 Latest Caselaw 4042 P&H

                                                         Neutral Citation No:=2023:PHHC:052091




CRR-194-2020 (O&M)                                         2023:PHHC:052091


221
        IN THE HIGH COURT OF PUNJAB & HARYANA AT
                       CHANDIGARH

                                                CRR-194-2020 (O&M)
                                                Date of Decision: 13.04.2023

Darshan Singh                                                       ... Petitioner
                                Versus
State of Punjab and another
                                                                ... Respondents


CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY.

Present:-   Mr. Mahak Bedi, Advocate for
            Mr. Vivek K. Thakur, Advocate for petitioner.

            Ms. Kanica Sachdeva, AAG, Punjab.

            Mr. Varinder Singh, Advocate for
            Mr. Angad Parmar, Advocate for
            LRs of respondent No.2
                        .....

SANJIV BERRY, J. (ORAL)

In the present criminal revision the petitioner has assailed the

judgment dated 03.10.2017 vide which learned Additional Sessions Judge,

Kapurthala, upheld the judgment dated 28.04.2017, passed by the learned

Sub Divisional Judicial Magistrate, Sultanpur Lodhi, whereby, the

petitioner was convicted under Section 138 of Negotiable Instrument Act

(for short 'the Act') and sentenced to undergo rigorous imprisonment for one

year and pay compensation of ₹4,51,000/-.

2. During the course of pendency of this petition, it had been

represented by the petitioner that the matter has been amicably resolved

amongst the parties and consequently this Court vide order dated 23.11.2022

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CRR-194-2020 (O&M) 2023:PHHC:052091

had directed the parties to appear before the Trial Court/Illaqa Magistrate

and to get their statements recorded qua the factum of compromise.

3. Report of learned Sub Divisional Judicial Magistrate, Sultanpur

Lodhi has been received, as per which the statements of the parties have

been recorded and it has been opined that the parties have voluntarily

entered into a compromise and that the compromise/settlement is genuine

and not the result of any pressure or coercion.

4. In view of the afore stated position, the compromise/settlement

as entered into amongst the parties is accepted and the impugned order dated

03.10.2017 passed by learned Additional Sessions Judge, Kapurthala;

judgment dated 28.04.2017 and order of sentence dated 28.04.2017 passed

by learned Sub Divisional Judicial Magistrate Sultanpur Lodhi, are hereby

set aside and the petitioner is hereby acquitted of the charges.

5. Since, it is a case where complaint under Section 138 of

Negotiable Instruments Act had been filed i.e. for dishonour of a cheque

bearing No.035871 dated 03.11.2015 of an amount of ₹4,00,000/- and the

complainant have compromised for a total payment of ₹4,51,000/-, the

contention of the petitioner that he is not possessed of sufficient means to

further deposit any costs is accepted and this Court deems appropriate not to

impose any cost of litigation etc. upon the petitioner.

6. The revision petition stands allowed accordingly.

                                                               (SANJIV BERRY)
                                                                    JUDGE
13.04.2023
Gyan
i)      Whether speaking/reasoned?         Yes/No
ii)     Whether reportable?                Yes/No



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