Gurdeep Singh vs State Of Punjab And Another
2024 Latest Caselaw 4663 P&H

Punjab-Haryana High Court

Gurdeep Singh vs State Of Punjab And Another on 1 March, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                         Neutral Citation No:=2024:PHHC:029934




                                                                     2024:PHHC:029934


                IN THE HIGH COURT OF PUNJAB AND HARYANA
                             AT CHANDIGARH


                                                    CRR-924-2022 (O&M)
                                                    Date of Decision: 01.03.2024


     Gurdeep Singh                                        ..................Petitioners

                                      Versus
     State of Punjab & another                             ................Respondents


     CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

     Present:     Mr. Vinay Kumar, Advocate, for the petitioner.

                  Mr. Vinay Kumar Malhotra, DAG, Punjab.

                  Mr. Navjot Singh, Advocate, for respondent No.2.


     GURVINDER SINGH GILL, J.

1. The petitioner has approached this Court challenging the judgment of

conviction and order of sentence dated 02.09.2019 passed by learned Judicial

Magistrate Ist Class, Batala, whereby the petitioner has been convicted for

offence under Section 138 of the Negotiable Instruments Act and sentenced to

undergo RI for a period of two years. The petitioner also challenges

judgment dated 19.01.2022 passed by the Additional Sessions Judge,

Gurdaspur, whereby the petitioner's appeal challenging his conviction has

been dismissed.

2. It is the case of the complainant that on 13.06.2015, he had advanced an

amount of Rs.5,50,000/- to the petitioner for purchase of a truck and in

respect of which the petitioner issued a cheque bearing No.00021 dated

17.05.2016. However, the said cheque upon presentation was dishonoured on

ground of 'insufficiency of funds'.

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                                                            Neutral Citation No:=2024:PHHC:029934




                                                             CRR-924-2022 (O&M)                    )

3. The trial Court upon considering the evidence on record, convicted and

sentenced the petitioner vide judgment of conviction and order of sentence

dated 02.09.2019. Aggrieved by the said judgment/order, the petitioner

preferred an appeal and the same was dismissed by the Additional Sessions

Judge, Gurdaspur vide order dated 19.01.2022. Hence, the present revision

petition.

4. Earlier on two occasions i.e. on 19.09.2022 & 09.10.2023, since it had been

represented that there are chances of some amicable settlement, the parties

were directed to appear before the Mediation & Conciliation Centre attached

to this Court, but mediation could not be carried out and the matter was

accordingly placed before this Court.

5. However, during the pendency of the revision petition, the petitioner moved

CRM-2349-2024, which was listed for hearing on 31.01.2024 and the

following order was passed thereon:

"Today, at the very outset, learned counsel for the applicant/petitioner has informed that the matter has been amicably resolved amongst the parties and that as per the settlement a demand draft for an amount of Rs.6.50 lakhs is to be handed over to the complainant.

Learned counsel for the applicant/petitioner has produced the said demand draft before this Court and has also furnished a photocopy of the same, which is taken on record.

Mr. Navjot Singh, Advocate representing the complainant/respondent No.2 has endorsed the factum of compromise and has accepted the aforesaid demand draft of Rs.6.50 lakhs furnished by learned counsel for the applicant/petitioner and has stated that the complainant/respondent No.2 has no objection in case the conviction of the applicant/petitioner is set aside and he is acquitted of all the charges framed against him. Learned counsel for the applicant/petitioner requests for an adjournment to deposit an amount equal to 20% of the cheque amount with High Court Legal Services Committee in compliance of the directions issued by Hon'ble

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Neutral Citation No:=2024:PHHC:029934

CRR-924-2022 (O&M) )

the Supreme Court in Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 5 SCC 663.

List again on 19.2.2024."

6. Today, learned counsel for the petitioner submitted that in compliance of

order dated 31.01.2024, the petitioner has deposited an amount of

Rs.1,10,000/- towards 20% of the cheque amount and has also furnished a

photocopy of the deposit receipt dated 13.02.2024, which is taken on record.

7. In view of the aforestated position, wherein matter stands amicably resolved

and learned counsel for the complainant/respondent No.2 had affirmed the

factum of compromise and receipt of the amount and had stated that the

complainant has no objection in case the conviction of the petitioner is set

aside as well as having regard to the fact that offence under Section 138 of the

Act is a compoundable offence and can be compounded at any stage, the

present revision petition is allowed and the judgment of conviction and order

of sentence dated 02.09.2019 as well as order in appeal dated 19.01.2022 are

set aside and the petitioner is acquitted of the charge.

8. The petitioner be released forthwith in case he is not required in any other

case.

9. Pending application, if any, stands disposed of as well.

     01.03.2024                                   (GURVINDER SINGH GILL)
     Vimal                                                JUDGE


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




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