Sanjay Bhatia vs Pratap Singh
2023 Latest Caselaw 18357 P&H

          CRR-2094-2019 (O&M)                       2023:PHHC:136611

          106
                IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                                   CRM-44249-2023 in/and
                                                                   CRR-2094-2019 (O&M)
                                                                   Date of decision: 18.10.2023

          Sanjay Bhatia
                                                                                              ....Petitioner
                                                          versus

          Pratap Singh
                                                                                            ....Respondent

          CORAM:               HON'BLE MR. JUSTICE ARUN MONGA

          Present:-            Mr. Abhilaksh Grover, Advocate,
                               For the petitioner.

                               Mr. Gaurav Singla, Advocate,
                               For the respondent.

                  *****
          ARUN MONGA, J. (ORAL)

CRM-44249-2023

Application herein is for recalling the order dated 25.09.2023 (Annexure A-

1) to the extent that liberty may be granted to the petitioner to make the balance payment

of Rs.2,12,500/-.

For the reasons stated in the application and the same being not opposed by

learned counsel for respondent, same is allowed.

Main case is restored to its original number and is taken up on Board for

hearing today itself.

Main case

Instant Revision petition has been filed by petitioner against the Judgments

dated05/06.12.2018 and 03.07.2019 passed by learned Courts below whereby petitioner-

accused was held guilty under Section 138 of Negotiable Instrument Act, 1881 (for short

'the Act') and sentenced to undergo simple imprisonment for nine months besides

payment of compensation of Rs.7,50,000/-.

VANDANA
2023.10.19 16:08
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integrity of this document                                                                           1 of 3
           CRR-2094-2019 (O&M)                        2023:PHHC:136611

2. At the outset, learned counsel for the petitioner submits that matter stands

settled at Rs.5,00,000/- as against Rs.7,50,000/- and settled amount has been paid to the

complainant/respondent herein. Affidavit of respondent regarding compromise is

annexed as Annexure A-2.

3. Respondent herein (complainant) does not want to pursue the case any

further and has no objection if the revision petition is accepted and petitioner is acquitted.

4. Respondent is present in person along with his counsel. On a Court query,

he maintains that he does not wish to press charges against the petitioner.

5. Learned counsel for complainant/respondent admits the receipt of settled

amount. He also submits that respondent has no objection if appeal is accepted and

petitioner is acquitted. He further urges that no useful purpose would be served by

keeping the present proceedings pending.

6. The dispute herein is private in nature and parties have settled their

differences and arrived at an amicable settlement, as aforesaid. Offence committed by

the petitioner is civil in nature and not a crime against society at large. The criminal

charges were earlier pressed by private respondent against the petitioner. It is not a case

where state is the prosecutor. Respondent himself does not now want to press any charges

against the petitioner and in fact, prays that instant petition be allowed or in other words

his complaint against petitioner be dismissed. Parties are known to each other and wish to

now live in congenially in future rather than maintaining hostility occurred due dishonor

of the cheque, resulting in court proceedings ibid. In totality of the circumstance, I am

thus of the view petitioner deserves to be acquittal.

7. As an upshot of the discussion, and also for the grounds stated in the

petition and for mutual peace and future bon homie between the parties, and in the larger

interest of interest, revision petition is accepted. Accordingly, the impugned orders of

conviction and sentence recorded by both Courts below are set aside. Petitioner is

acquitted of the charges levelled against him.

8. Perusal of case file reveals that sentence of the petitioner was suspended by

a coordinate Bench of this Court vide order dated 06.09.2019.

VANDANA
2023.10.19 16:08
I attest to the accuracy and
integrity of this document                                                                            2 of 3
           CRR-2094-2019 (O&M)                        2023:PHHC:136611

          9.                   Petition is allowed accordingly.

10. Pending application(s), if any, shall also stand disposed of.

                                                                                 (ARUN MONGA)
                                                                                     JUDGE
          18.10.2023
          Vandana

          Whether speaking/reasoned:                       Yes/No
          Whether reportable:                              Yes/No




VANDANA
2023.10.19 16:08
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integrity of this document                                                                      3 of 3