Kamala Singh vs M/S Singet Crop India Private ...
2023 Latest Caselaw 11308 P&H

                                                          Neutral Citation No:=2023:PHHC:098107




                                                             2023:PHHC:098107

CRR-840-2021                                                           -1-

202         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                   CRR-840-2021
                                                   Date of Decision: 31.07.2023

Kamala Singh                                                    ...... Petitioner

                                Versus

M/s Signet Crop Science India Private Limited and another
                                                               ......... Respondents

CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present :   None for the petitioner.

            Mr. K.K.Chahal, Additional Advocate General, Haryana,
            for respondent No.2-State.
                                           *****
RAJBIR SEHRAWAT, J. (ORAL)

The present petition has been preferred by the petitioner against

the impugned judgment dated 21.02.2019 passed by the Additional Sessions

Judge, Karnal, whereby the appeal filed against the judgment dated

01.09.2015 and order of sentence dated 17.09.2015 passed by the Judicial

Magistrate Ist Class, Karnal, in a criminal complaint under Section 138 of

the Negotiable Instruments Act, has been dismissed.

On the previous date, a detailed order was passed for ensuring

presence of the petitioner through warrants of arrest. Learned counsel for

the State, on instructions from ASI Randhir Singh, has submitted that the

police had gone to the house of the petitioner, however, he was not found

present at his residence. Therefore, he could not be produced before the

Court. Earlier also, a statement was made by the learned counsel for the

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Neutral Citation No:=2023:PHHC:098107

2023:PHHC:098107

petitioner that the petitioner had taken away the brief from him. It is only

thereafter, that the previous detailed order was passed by a Coordinate

Bench reflecting therein that the petitioner was deliberately avoiding

appearance before this Court; either in person or through his counsel. The

subject matter of the case is that the petitioner was convicted and sentenced

by the Judicial Magistrate Ist Class, Karnal, for the offence under Section

138 of the Negotiable Instruments Act. The said conviction and sentence

was upheld by the lower Appellate Court vide judgment dated 21.02.2019.

It is challenging the said orders passed by the lower Appellate Court and the

Trial Court, the present petition has been filed.

A perusal of the file shows that the ingredients of the offence

have duly been established against the petitioner during the trial. The

material has rightly been appreciated by both the Courts below. This Court

does not find any finding recorded by the Courts below to be perverse or as

not supported by the evidence. Merely because a different opinion is

possible after re-appreciation of the evidence; may not be a sufficient ground

to interfere through the revision petition.

In view of the above, finding no merit in the present petition,

the same is dismissed.

                                                      (RAJBIR SEHRAWAT)
                                                            JUDGE
31.07.2023
adhikari
                    Whether speaking/reasoned                 Yes/No
                    Whether Reportable                        Yes/No




                                                       Neutral Citation No:=2023:PHHC:098107

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