Punjab-Haryana High Court
Charanjit Singh vs Punjab National Bank on 13 December, 2023
Neutral Citation No:=2023:PHHC:159682
2023:PHHC:159682
CRR No. 2619 of 2023 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRR No. 2619 of 2023 (O&M)
Date of decision : December 13, 2023
Charanjit Singh ....Petitioner
Versus
Punjab National Bank ....Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Kamal Narula, Advocate, for the petitioner
Ms. Anuradha, Advocate and
Mr. Rakesh Gupta, Advocate, for the respondent
KULDEEP TIWARI,J. (ORAL)
1. Through the instant revision petition, challenge is thrown
to the judgment dated 19.4.2023, vide which, the petitioner was held
guilty for the commission of offence punishable under Section 138 of
the Negotiable Instruments Act, and has been sentenced to undergo
rigorous imprisonment for two years, besides he has been directed
to pay compensation of Rs 11,50,000/- to the complainant, under
Section 357(3) of the Cr.P.C.
2. Having aggrieved with the order of conviction and
sentence (supra), the petitioner preferred statutory appeal.
However, he remained unsuccessful in that attempt and the appeal
was dismissed vide order dated 4.9.2023. Further, aggrieved with
the judgments (supra) passed by the courts below, the petitioner has
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preferred the present revision petition.
3. Record reveals that the petitioner remained absent on
the date of pronouncement of judgment by the learned first appellate
court concerned. Thereupon, on directions of this Court, he
surrendered before the trial court and now he is honouring the
sentence imposed upon him.
4. On 30.11.2023, the following order was passed:-
"1. The instant revision petition assails the verdict
of conviction and order of sentence dated
19.04.2023 passed by the learned Magistrate
concerned, whereby, the petitioner has been
convicted under Section 138 of the Negotiable
Instruments Act and has been sentenced to
undergo rigorous imprisonment for two years,
besides has been directed to pay compensation of
Rs.11,50,000/- to the complainant, under Section
357(3) of the Cr.P.C.
2.In addition, the instant revision petition also
assails the judgment dated 04.09.2023 passed by
the learned Sessions Judge concerned, whereby,
the appeal filed by the petitioner against the verdict
of conviction and order of sentence (supra), was
dismissed.
3. The learned counsel for the petitioner submits
that the petitioner has settled the dispute, with
regard to repayment of loan amount, with the
respondent- Bank.
4. Notice of motion for 13.12.2023.
5. Dasti also, on submitting the requisite process
fee by the learned counsel for the petitioner."
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5. Today, in response to the notice issued on dated
30.11.2023, Ms. Anuradha, Advocate has caused appearance
through validly executed Vakaltnama in her favour and fairly
admitted that the loan account has been settled under the OTS
scheme and the account has been closed and there is no further
liability left, towards the present petitioner. She has further
submitted that she has no objection if the instant petition is allowed.
6. Considering the fact that the present petitioner has been
convicted under Section 138 of the Negotiable Instruments Act,
which is a compoundable offence and the matter has been
compounded, therefore, the present petition is allowed and
judgment of conviction and order of sentence dated 19.4.2023,
passed by the learned Judicial Magistrate Ist Class concerned and
the judgment dated 4.9.2023, passed by the learned Sessions
Judge concerned, is hereby set aside, as the matter has been
compounded, subject to deposit of Rs 20,000/- with the Registry of
this Court. In case the petitioner deposits the aforesaid amount, he
shall be released from the jail forthwith.
7. Pending application(s), if any, stand disposed of
accordingly.
( KULDEEP TIWARI )
December 13, 2023 JUDGE
'tiwana'
Whether speaking/reasoned ? Yes/No
Whether Reportable ? Yes/No
Neutral Citation No:=2023:PHHC:159682
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