Balwinder Singh vs State Of Haryana
2024 Latest Caselaw 6233 P&H

Punjab-Haryana High Court

Balwinder Singh vs State Of Haryana on 19 March, 2024

                                      Neutral Citation No:=2024:PHHC:039604
                                                               2024:PHHC:039604

288        IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                                  CRR-1092-2021
                                                  Date of decision: 19.03.2024

BALWINDER SINGH
                                                               ...PETITIONER
                         V/S

STATE OF HARYANA AND ANOTHER
                                                               ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present:    Mr. Rahul Jaswal, Advocate
            for the petitioner.

            Mr. Vikas Bhardwaj, AAG, Haryana.

            Mr. Vivek Singh, Advocate for
            Mr. Sanyam Batra, Advocate
            for the complainant/respondent No.2.
                   ****

HARPREET SINGH BRAR J. (ORAL)

Prayer in the present revision petition is for setting aside the

impugned judgment of conviction dated 23.07.2018 and order of sentence

dated 24.07.2018, passed by learned Judicial Magistrate Ist Class, Panipat, in

complaint bearing No.NACT-1382 of 2015, whereby, the petitioner has been

convicted for the offence under Section 138 of the Act along with the judgment

dated 15.09.2021, passed by learned Additional Sessions Judge, Panipat, vide

which, the conviction and sentence imposed upon the petitioner was upheld.

2. On 29.01.2024, the following order was passed:-

"Learned counsel for the petitioner submits that the matter between the parties has been settled amicably due to intervention of certain respectable and close relatives.

In view of the statement made by learned counsel for the petitioner, the parties are directed to appear before the Illaqa Magistrate/trial Court within a period of two weeks from today, for recording of their statements with regard to the compromise.

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Neutral Citation No:=2024:PHHC:039604 CRR-1092-2021 2 2024:PHHC:039604

The trial Court is directed to submit a report on or before the next date of hearing containing the following information:-

(i) Number of persons arrayed as accused in the FIR;

(ii) Whether any accused is declared as proclaimed offender?

(iii) Whether the compromise is genuine, voluntary and without any coercion or undue influence?

(iv) Whether the accused persons are involved in any other FIR or not?

List on 19.03.2024."

3. In compliance of the above order, a report has been received from

the concerned jurisdictional Court that the compromise between the parties is

genuine and arrived at without any pressure or coercion from anyone.

4. In view of the ratio of law laid down in Damodar S. Prabhu

(supra) and M/s Meters and Instruments Pvt. Ltd. and another Vs. Kanchan

Mehta 2017 (4) RCR (Crl.) 476, the present petition is allowed. The offence

under Section 138 of Negotiable Instruments Act is compounded and the

petitioner stands acquitted of the accusation of charges. The impugned

judgments of conviction and orders of sentence are set aside. Bail bonds and

surety bonds of the petitioner also stand discharged.

                                                         (HARPREET SINGH BRAR)
March 19, 2024                                                 JUDGE
manisha

             (i)     Whether speaking/reasoned                       Yes/No

             (ii)    Whether reportable                              Yes/No




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