Disposed
Avtar Singh v. Jit Singh and Anr.
Punjab & Haryana HCCRR/2674/2009
Case brief
from the order text
What is this about?
BENCH NO.3 501 CRR-2674-2009 AVTAR SINGH V/S…
What the court decided
AI extract
BENCH NO.3 501 CRR-2674-2009 AVTAR SINGH V/S…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BENCH NO.3
DAILY LOK ADALAT
501 CRR-2674-2009 AVTAR SINGH V/S JIT SINGH AND ANR.
Present: Mr. MS Sidhu, Advocate along with Mr. Avtar Singh, Petitioner-Revisionist.
Mr. LS Sidhu, Advocate for the respondent-complainant.
Complainant filed a petition under Section 138 of the Negotiable Instruments Act as the cheque issued by the respondentAvtar Singh was dishonoured for want of sufficient funds. Judicial Magistrate, Mansa after considering the matter, held Sh. Avtar Singh, now the revisionist, guilty and accordingly, convicted him under Section 138 of the Negotiable Instruments Act. He was awarded a simple imprisonment for one year with a further direction to him to pay a sum of Rs.45,000/- i.e. the cheque amount to the complainant as compensation vide order of JMIC dated 17.01.2008. Feeling aggrieved, Avtar Singh challenged this order before the Additional Sessions Judge, Mansa. He did not find any merit in the appeal and consequently, dismissed the same vide order dated August 12, 2009.
The present revision petition was filed by Avtar SinghRevisionist, which was admitted. During the pendency, the matter has been amicably settled between Avtar Singh and the complainant. Amount as claimed by the respondent-complainant has been paid in full & final settlement of the dues. This fact is admitted by the Counsel representing the respondent-complainant.
In view of the statements of the revisionist and the counsel representing the respondent-complainant, the matter having been amicably settled, the order passed by the Courts below is set aside and the revision is accepted.
(G.C. GARG) PRESIDENT
(N.K. KAPOOR) MEMBER
August 03, 2017 Naina Rajput
2 issues framed by the court
Whether the impugned conviction and sentence should be set aside after the parties have amicably settled the dispute and the claim amount has been paid in full.
Whether the revision petition filed by the prosecuted party can be accepted following a settlement outside court.
1 provisions across 1 enactments
Avtar Singh
Jit Singh and Anr.
G.C. GARG
N.K. KAPOOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court