Punjab-Haryana High Court
Satinderpal Singh And Anr vs Gagan Jindal on 12 March, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:035092
CRR-233 of 2024 1
2024:PHHC: 035092
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR-233 of 2024(O&M)
Date of Decision: 12.03.2024
Satinderpal Singh & Anr.
...Petitioners
Versus
Gagan Jindal
...Respondent
CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH
Present:- Mr.Gauravjit Singh Jagpal, Advocate
For the petitioners.
Mr. G.S. Bains, Advocate
For the respondent.
***
KARAMJIT SINGH, J.
1. The present revision petition has been filed by the petitioners/
accused seeking setting aside of judgment dated 23.01.2019 passed by the
Court of Additional Sessions Judge, Ludhiana whereby the appeal filed by
petitioners against judgment and order dated 06.06.2013 passed by the Court
of Judicial Magistrate Ist Class, Ludhiana, whereby petitioner No.1 being
proprietor of petitioner No.2 was convicted and sentenced to RI for one year
and to pay compensation equivalent to amount of cheques in question and in
default to further undergo imprisonment for one month under Section 138 of
Negotiable Instruments Act (for brevity NI Act), was dismissed.
2. The brief facts of the case are that respondent Gagan Jindal
filed criminal complaint No. 98/ 2011 under Section 138 NI Act against the
petitioners on account of dishonor of two cheques of Rs.12,30,000/- and
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Rs.1,10,000/- respectively. On completion of trial, the petitioner No.1 being
proprietor of petitioner No.2 was convicted and sentenced as is detailed
above vide judgment and order dated 06.06.2013. Being aggrieved,
petitioners filed appeal which was also dismissed by the Court of Additional
Sessions Judge, Ludhiana vide judgment dated 23.01.2019. Still being not
satisfied petitioners filed the present revision petition.
3. On the last date of hearing petitioners filed an application under
Section 320(6) Cr.P.C. read with Section 147 of NI Act seeking
compounding of offence punishable under Section 138 of NI Act.
4. Today, respondent/ complainant Gagan Jindal appeared in
Court along with his counsel and he stated that matter has been
compromised between the parties and now nothing is due against the
petitioners. Respondent further made statement that he is having no
objection if offence under Section 138 NI Act is compounded and the
petitioners are acquitted. Even petitioner No.1 who has appeared in person
has endorsed the aforesaid statement made by respondent and made prayer
that offence punishable under Section 138 NI Act be compounded in the
present case.
5. In the light of the above, it stands proved that the matter has
been compromised between the parties and as such the parties are permitted
to compound the offence under Section 138 of the Act in aforesaid criminal
complaint No. 98/2011 titled Gagan Jindal Vs. Satinder Pal Singh, Propietor,
Dashmesh Kids Plaza & Anr. The aforesaid criminal complaint and all the
consequential proceedings therein are ordered to be quashed, the offence
under Section 138 of the Act having been compounded.
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6. Consequently, the present petition is allowed and petitioners are
acquitted of an offence punishable under Section 138 NI Act .
(KARAMJIT SINGH )
12.03.2024 JUDGE
Jiten
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:035092
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