Punjab-Haryana High Court
Raju vs State Of Punjab And Another on 19 January, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:007373
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRR-413-2022 (O&M)
Date of Decision:-19.01.2024
Raju ... Petitioner
Versus
State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Chanakya Batta, Advocate for the petitioner.
Mr. Sanish Girdhar, AAG, Punjab.
Mr. Deepanshu Mehta, Advocate, for respondent No.2.
*****
GURVINDER SINGH GILL, J.(Oral)
1. The petitioner has approached this Court challenging order dated 18.2.2022
passed by learned Additional Sessions Judge, Moga, whereby the learned
Additional Sessions Judge, Moga, while dismissing his appeal, has affirmed
the conviction of the petitioner for offence under Section 138 Negotiable
Instruments Act.
2. Learned counsel for the petitioner submits that the petitioner was convicted
vide judgment dated 27.2.2020 passed by learned Judicial Magistrate 1st
CRR-413-2022 (O&M) (2) 2024:PHHC:007373
Class, Moga for offence punishable under Section 138 of Negotiable
Instruments Act on account of dishonour of cheque for an amount of Rs.2.5
lacs and was sentenced to undergo rigorous imprisonment for one year apart
from the imposition of fine to the tune of Rs.5000/-.
3. Although the petitioner challenged the said judgment dated 27.2.2020 by way
of filing an appeal, but the said appeal also came to be dismissed vide
judgment dated 18.02.2022 passed by learned Additional Sessions Judge,
Moga.
4. During the pendency of the instant revision petition, it was represented by the
learned counsel for the petitioner that the matter could be compromised and
consequently the matter had been adjourned to enable the petitioner to seek
necessary instructions. The following order was passed on 28.03.2022:
"The learned counsel for the petitioner has submitted that total
subject matter of the cheque amount was Rs.2,50,000/- and the
petitioner is ready and willing to give the same to respondent
No.2 and he has also brought a demand draft of Rs.2,50,000/-, a
copy of which is taken on record as Mark 'A'.
Let the learned counsel for the petitioner deposit the same
in the Registry of this Court.
Notice of motion for 5.5.2022.
Mr.Randhir Singh Thind, DAG, Punjab, accepts notice on
behalf of respondent No.1 - State.
Let separate notice to respondent No.2 be issued on filing
of process fee.
Dasti as well."
5. Mr. Deepanshu Mehta, Advocate, representing the complainant has stated that
his client i.e. respondent No.2 has compromised the matter with the petitioner
the entire cheque amount has already been received by him and that he has no
CRR-413-2022 (O&M) (3) 2024:PHHC:007373
other claim against the petitioner and would not have any objection in case
the impugned judgments are set aside and he is acquitted from all the charges.
6. Learned counsel for the petitioner has informed that the petitioner has also
deposited an amount of Rs.37,500/- in accordance with the decision of
Hon'ble Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 5
SCC 663, being 15% of the cheque amount with Punjab State Legal Services
Authority, Mohali. A copy of the receipt is also annexed with the file.
7. In view of the aforestated position, wherein this Court finds that the matter
has amicably been resolved between the parties and the entire amount already
stands paid back to the complainant and the petitioner has even paid the 15%
of the cheque amount in tune with judgment of Hon'ble Apex Court in
Damodar's case (Supra), the revision petition is accepted and the
judgment/order dated 27.2.2020 passed by learned Judicial Magistrate 1st
Class, Moga and judgment dated 18.2.2022 passed by learned Additional
Sessions Judge, Moga are hereby set aside and the petitioner is ordered to be
acquitted of all the charges framed against him. Bail bonds/surety bonds
shall stand discharged.
19.01.2024 ( GURVINDER SINGH GILL )
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
