Held that the matter being compoundable after settlement between parties as held in Vinay Devanna Nayak v. Ryot Seva Sahakari Bank Ltd., the conviction and sentence are set aside and the petitioner is acquitted and granted release from jail forthwith.
conviction and sentence set aside; petitioner acquitted and released from jail forthwith
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Criminal Revision No. 1559 of 2009
1
In the High Court of Punjab & Haryana at Chandigarh
Criminal Revision No. 1559 of 2009 (O&M)
Date of decision : 7.8.2009
Gulshan Kumar Singla ..... Petitioner
vs
State of Punjab and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Sourabh Goel, Advocate, for the petitioner.
Mr. Anter Singh Brar, Senior Deputy Advocate General, Punjab, for respondent no. 1.
Mr. Padamkant Dwivedi, Advocate, for respondent no. 2.
Rajesh Bindal J.
The petitioner has filed the present revision before this Court challenging his conviction by the learned Judicial Magistrate Ist Class, Barnala, under Section 138 of the Negotiable Instrument Act,1881, which was upheld by the Additional Sessions Judge, Barnala. The petitioner has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 7,000/-. In default of payment of fine, he had to undergo rigorous imprisonment for three months.
Learned counsel for the petitioner submitted that the dispute between the parties has been settled. Krishna Chand alias Krishna Kumar, who is father and attorney of respondent no. 2, appeared in person in the court, and has placed on record his affidavit to the effect that now the matter in dispute has been compromised between the parties and he will not claim anything from the petitioner. He has also made a statement to the effect that the amount has been received by him towards his claim and has no objection in case the conviction of the petitioner is set aside.
Once the parties have settled their dispute, in terms of the Judgment of Hon'ble the Supreme Court in Vinay Devanna Nayak v. Ryot Seva Sahakari Bank Ltd. , 2007(5) Law Herald (SC) 3843, the offence committed by the petitioner for which he has been convicted, is compoundable.
Criminal Revision No. 1559 of 2009
2
Accordingly, it is directed that the order of conviction and sentence awarded by the Courts below in the case of the petitioner is set aside and he is acquitted from all the charges levelled against him. He is directed to be released from jail forthwith.
The petition is disposed of.
7.8.2009 vs.
( Rajesh Bindal) Judge
2 issues framed by the court
Whether the conviction and sentence can be set aside upon settlement of the dispute between parties and acquittal under Section 138 of the Negotiable Instruments Act.
Whether the matter is compoundable once the dispute has been settled between the parties.
Colour shows how this judgement treated each authority
Vinay Devanna Nayak v. Ryot Seva Sahakari Bank Ltd.Relied on¶16
Vinay Devanna Nayak v. Ryot Seva Sahakari Bank Ltd., 2007(5) Law Herald (SC) 3843
1 provisions across 1 enactments
Gulshan Kumar Singla
State of Punjab
another
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
