Citation : 2024 Latest Caselaw 5011 P&H
Judgement Date : 5 March, 2024
MOHIT 2024.03.12 18:46 2024:PHHC:031693 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 240/1 CRR-527-2023 (O&M) Date of Decision: 05.03.2024 SOM DUTT SHARMA ... Petitioner Versus STATE OF HARYANA AND ANOTHER ...Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN Present:- Mr. Mohit Pal Singh, Advocate for Mr. Abhimanyu Singh, Advocate, for the petitioner. Mr. Brijesh Sharma, AAG, Haryana. Ms. Rajni Bala Rohilla, Advocate for respondent No.2. 3K 2K 2k ok ok ALOK JAIN, J. (Oral)
1. The present revision has been filed against the judgment dated 27.01.2023 passed by the Additional Sessions Judge, Gurugram whereby the judgment dated 11.10.2018 passed by then learned JMIC, Gurugram was upheld and the petitioner was convicted under Sections 138 Negotiable Instruments Act, 1881 and was directed to undergo rigorous imprisonment of 03 months and pay compensation of Rs.5,00,000/-.
2. The petitioner was originally convicted under Section 138 Negotiable Instruments Act, 1881 by the then learned JMIC, Gurugram vide judgment dated 11.10.2018 and thereafter, the petitioner preferred an appeal against the impugned judgment before the Additional Sessions Judge, Gurugram.
3. The above mentioned appeal came to be dismissed and subsequently, the present revision petition has been filed. However, till the pendency of the revision petition, the parties were relegated to the Mediation Centre and matter is settled between the parties by entering into an agreement dated 29.09.2023 and counsel for the respondent No.2 has submitted that the said agreement has been adhered to.
4. In light of the above, the judgment of the trial Court dated 11.10.2018 and the first Appellate Court dated 27.01.2023 is set aside and
the offence under Sections 138 Negotiable Instruments Act, 1881 stands
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MOHIT 2024.03.12 18:46
CRR-527-2023 (O&M) -2- 2024:PHHC:031693
compounded by invoking the provisions of Section 147 of the said Act.
4. The revision petition stands disposed of in the above mentioned
terms.
5. Pending miscellaneous applications also stand disposed of. (ALOK JAIN)
March 05, 2024 JUDGE
Mohit Bishnoi
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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