Punjab-Haryana High Court
Ketan Sampat vs State Of Haryana And Another on 19 March, 2024
Neutral Citation No:=2024:PHHC:042569
CRR-489-2022 (O&M) 2024:PHHC:042569 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
SR. No.109+306
CRR-489-2022 (O&M)
Date of decision:19.03.2024
Ketan Sampat
...Petitioner
Versus
State of Haryana and another
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE N.S. SHEKHAWAT
Present: Mr. Aakash Singla, Advocate for the petitioner.
Mr. Karan Garg, AAG, Haryana for respondent No.1.
Mr. Sunil Sihag, Advocate for respondent No.2.
N.S. SHEKHAWAT, J.
CRM-12819-2024
Application is allowed, as prayed for. Affidavit of respondent
No.2 is taken on record.
Main case
1. The petitioner has filed the present revision petition against the
impugned judgment dated 23.02.2022 passed by the Additional Sessions
Judge, Gurugram and the judgment of conviction dated 26.10.2018 and
order of sentence dated 30.10.2018 passed by the Judicial Magistrate 1st
Class, Gurugram, whereby the petitioner was convicted for the offence
punishable under Section 138 of the Negotiable Instrument Act, 1881
(hereinafter referred to as 'the Act').
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2. During the pendency of the present revision petition, vide order
dated 24.08.2023, the parties were directed to appear before the Mediation
and Conciliation Centre of this Court and vide settlement/agreement dated
06.10.2023, both the parties have compromised the matter with the
following conditions:-
a) That both the parties have agreed to settle their past and
present disputes against total amount of Rs.20,000/-
(Rupees Twenty Thousand only). The first party has
agreed to pay the aforesaid amount of Rs.20,000/-
(Rupees Twenty Thousand only) by way of post-dated
Cheque No.095552 dated 16.10.2023 of Canara Bank,
DLF City Gurgaon.
b) That both the parties have agreed to get the matter
adjourned in the Hon'ble High Court now pending for
11.10.2023 to enable the second party to encash the said
cheque.
c) That the first party has undertaken to hand over the
original aforesaid cheque to the second party/his Counsel
on the next date of hearing i.e. 11.10.2023 to enable the
second party to encash the said cheque.
d) Apart from present dispute in the aforesaid Crl. Revision,
first party had got lodged one FIR No.460 dated
18.06.2017 registered at Police Station Sushant Lok,
District Gurugram under Sections 323, 452, 506 IPC
against the second party. As per the present settlement,
first party has also undertaken to withdraw the aforesaid
FIR or to assist the second party by recording statement
in the Court of Law in appropriate petition for quashing
of aforesaid FIR.
e) That present settlement is subject to clearing of the
aforesaid post- dated cheque.
f) It has been mutually agreed between the parties that after
receipt of full and final amount of full and final amount
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of Rs.20,000/-(Rupees Twenty Thousand only), the
second party shall have no objection if present Criminal
Revision Petition No.489 of 2022 filed by the first party
is allowed by the Hon'ble High Court and the second
party has agreed not to press for any other claim qua the
present dispute except the aforesaid full and final
settlement amount of Rs.20,000/- (Rupees Twenty
Thousand only).
g) The parties further undertake not to initiate or institute
any unwanted litigation against each other and their
family. The parties further undertake not to use any
document/cheques etc. against each other which have
been left in their possession after this date of agreement.
h) It has been further decided between the parties that in
case any other litigation or dispute is pending between
both the parties in any Court of Law/Authorities, shall
not be pressed by the respective party and the same shall
be withdrawn/disposed off upon tendering the copy of
present compromise.
i) This settlement/agreement has been reached between the
parties without any pressure and both the parties have
very happily agreed to abide by the terms and conditions
of the settlement/agreement Both the parties shall be
bound with the terms and conditions of this
settlement/agreement.
3. Learned counsel for the petitioner submits that both the parties
have compromised the matter and all the payments have been made.
4. Learned counsel for respondent No.2 submits that he has no
objection in case the present petition is accepted. Even respondent No.2 has
placed on record his affidavit, admitting the factum of compromise arrived
at between the parties.
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4. In view of the above, the present petition is accepted. The
impugned judgment dated 23.02.2022 passed by the Additional Sessions
Judge, Gurugram and the judgment of conviction dated 26.10.2018 and
order of sentence dated 30.10.2018 passed by the Judicial Magistrate 1st
Class, Gurugram are set aside and the petitioner is acquitted.
(N.S. SHEKHAWAT)
19.03.2024 JUDGE
mks
Whether Speaking/Reasoned: YES / NO
Whether Reportable: YES / NO
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