Punjab-Haryana High Court
Suchitra Gagneja vs Vijay Sharma And Another on 14 March, 2024
Neutral Citation No:=2024:PHHC:036860
2024:PHHC:036860
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(113)
CRR-522-2024 (O&M)
Date of Decision:-14.03.2024
Suchitra Gagneja
......Petitioner
Versus
Vijay Sharma and another
......Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
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Present: Mr. Piyush Setia, Advocate
for the petitioner.
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ALOK JAIN, J. (Oral)
CRM-11827-2024
1. The present application has been filed under Section 5 of the
limitation Act, 1963 read with Section 482 Cr.P.C. for condonation of delay
of 37 days in filing the present revision petition.
2. For the reasons recorded in the application, the same stands
allowed and the delay of 37 days in filing the revision petition stands
condoned.
CRM-11828-2024
1. The present application has been filed under Section 482
Cr.P.C for placing on record the copy of affidavit, as Annexure P-1.
2. Application is allowed as prayed for.
3. Annexure P-1 is taken on record, subject to all just exceptions.
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Neutral Citation No:=2024:PHHC:036860
2024:PHHC:036860
CRR-522-2024 (O&M) -2-
CRM-11830-2024 & CRR-522-2024
1. The present application has been filed under Section 320 (6)
Cr.P.C. read with Section 147 of the Negotiable Instruments Act, 1881 for
granting leave to the parties to compound the offence under Section 138 of
the Negotiable Instruments Act, 1881.
2. For the reasons recorded in the application, the same stands
allowed.
3. The present revision petition has been filed against the order of
conviction dated 14.07.2022 passed by the learned trial Court, whereby, the
petitioner has been convicted under Section 138 of NI Act, 1881 and has
been sentenced to undergo imprisonment for 06 months along with
compensation of Rs. 85,000/- & in default of payment of compensation, to
undergo imprisonment for one month and against the dismissal of the
appeal by the First Appellate Court.
4. Learned counsel for the petitioner submits that the parties have
compromised the matter on 07.03.2024 and have prayed that the provisions
of Section 147 of NI Act be invoked.
5. Notice of motion.
6. Mr. Siddharth Attri, AAG, Punjab on the asking of the Court
accepts notice on behalf of respondent/State.
7. Mr. Chirag Girdhar, Advocate appears and accepts notice on
behalf of respondent No. 1 and files his Vakalatnama in Court today, which
is taken on record and has stated that he has no objection if the present
revision is allowed and as the offence is compoundable, subject to the fact
that the petitioner has not been declared as proclaimed offender.
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Neutral Citation No:=2024:PHHC:036860
2024:PHHC:036860
CRR-522-2024 (O&M) -3-
8. In light of the above, the present revision petition stands
disposed of and the offence under Section 138 of NI Act stands
compounded by invoking the provisions of Section 147 of NI Act, hence,
the judgment dated 14.07.2022 passed by the Judicial Magistrate 1st Class,
Abohar is hereby set aside.
CRM-11829-2024
1. In light of the order passed in the main revision, the
application qua suspension of sentence does not survive and the same
stands dismissed as rendered infructuous, however, the petitioner be
released hence forth.
(ALOK JAIN)
JUDGE
March 14, 2024
Parul
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
Neutral Citation No:=2024:PHHC:036860
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