Court allowed the revision petition allowing acquittal of petitioner convicted under Section 138 NI Act. Facts show payment of cheque amount by petitioner and deposit per Supreme Court judgment in Damodar S. Prabhu case.
Petition allowed; offence compounded; lower appellate and trial judgments set aside; petitioner acquitted.
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CRR No.1386 of 2012
1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH
CRR No.1386 of 2012 Date of decision:17.05.2012
Pawan Rana and another
...Petitioners
Versus
Pawan Chhabra and another
...Respondents
CORAM: HON'BLE Ms. JUSTICE RITU BAHRI
Present: Mr.Baljinder Singh, Advocate, for the petitioners.
Mr.N.K.Verma, Advocate, for respondent No.1.
Mr. P.S.Bajwa, DAG, Punjab.
RITU BAHRI, J. (Oral)
The petitioner was convicted by the Judicial Magistrate Ist Class, Jalandhar on 31.8.2005 in the proceedings initiated under Section 138 of the Negotiable Instruments Act for dishonor of cheque bearing No.667989 dated 1.11.1998 for Rs.12,000/-. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/-. His appeal against this order was also dismissed by the lower Appellate Court on 9.2.2006.
During the pendency of the criminal revision, the parties have entered into a compromise and the petitioner has made the payment of cheque amount of Rs.12,000/- to the complainant.
As per affidavit dated 25.4.2012, the complainant has received the cheque amount of Rs.12,000/- and he has no objection if the petitioner is acquitted of the charges.
CRR No.1386 of 2012
2
Pursuant to decision rendered in Damodar S. Prabhu v. Sayed Babalal H.2010 (2) RCR (Criminal) 851, the petitioner has deposited a sum of Rs.3,000/- in the account of State Legal Services Authority, Punjab and the receipt has been given.
In view of the above judgment of Hon'ble the Supreme Court, the present petition is allowed. The offence is compounded and the judgment of lower appellate Court dated 9.2.2006 as well as the judgment and order of the trial Court dated 31.8.2005 convicting the petitioner are set aside and he is acquitted of the charge.
(RITU BAHRI) JUDGE
17.05.2012 mks
1 issue framed by the court
Whether the conviction and sentence under Section 138 of the Negotiable Instruments Act should be set aside after payment of cheque amount and deposit to Legal Services Authority.
Colour shows how this judgement treated each authority
Damodar S. Prabhu v. Sayed Babalal H.Relied on¶20
Damodar S. Prabhu v. Sayed Babalal H.2010 (2) RCR (Criminal) 851
1 provisions across 1 enactments
Pawan Rana
Pawan Chhabra
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
