Allowed

Rajiv Aggarwal v. State of Punjab & Ors.

Punjab & Haryana HC18 Nov 2015CRR/2630/2012

Case brief

AI extract

What is this about?

High Court of Punjab and Haryana allowed a revision petition against conviction for cheque dishonour under Section 138 NI Act. The court acquited the petitioner based on a compromise and deposit of 15% of the cheque amount as costs.

What did the court decide?

Accused acquitted on basis of composition; deposit of fifteen percent of cheque amount Rs. 4 lacs within four months with Member Secretary, Punjab State Legal Services Authority, Chandigarh.

Rajiv Aggarwal Vs State of Punjab & Ors. — Cheque Dishonour | Punjab & Haryana HC (2015)

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CRR No. 2630 of 2012 1

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417-A IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRR No. 2630 of 2012. Decided on: 18.11.2015.

Rajiv Aggarwal

... Petitioner

Versus

State of Punjab and others ... Respondents

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CORAM : Hon'ble Mr. Justice Jitendra Chauhan

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Present : Mr. J.K. Puri, Advocate, for the petitioner.

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Mr. Mehardeep Singh, DAG, Punjab.

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Mr. KL Verma, Advocate, for the complainant.

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JITENDRA CHAUHAN.J.(ORAL)

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This revision is filed against the judgment dated 27.8.2012, passed by the Sessions Judge, Jalandhar whereby the judgment of acquittal dated 21.9.2011, passed by the Judicial Magistrate Ist Class, Jalandhar was reversed and the accused was

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SANJAY convicted under Section 138 of Negotiable Instruments Act and 2016.01.12 14:33 I attest to the accuracy and integrity of this document

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CRR No. 2630 of 2012 2

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sentenced to undergo RI for one year and to pay fine of Rs.3000/- with default stipulation. This revision was admitted on 09.11.2012 and the petitioner was ordered to be released on bail.

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During the pendency of present revision petition, the

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parties have reached at a compromise. The cheque amount has been paid to the complainant. In Damodar S. Prabhu v. Sayed Babalal

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2010 (3) Recent Apex Judgments (R.A.J.) 180 the Hon'ble Supreme Court has framed guidelines for compounding of offence under Section 138 of the Negotiable Instruments Act, wherein it has been held that if

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the parties compound the offence in this Court, the accused has to pay fifteen percent as costs of compounding. In this case, composition of offence under Section 138 of the Act is allowed subject to payment of fifteen percent of the cheque amounts worth Rs. 4 lacs, which shall be deposition with the Member Secretary, Punjab State Legal Services Authority, Chandigarh, within four months from today. If the accused/ respondent Rajiv Aggarwal fails to do the same, this revision shall be deemed to be dismissed without further notice.

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SANJAY 2016.01.12 14:33 I attest to the accuracy and integrity of this document

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CRR No. 2630 of 2012 3

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In view of the above and keeping in view the fact that

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the offence under Section 138 of Negotiable Instruments Act is compoundable as per the provisions of Section 147, the present revision petition is allowed and the accused is acquitted on the basis of composition. The bail bonds and surety bonds stand discharged.

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A copy of this judgment be forwaded to the Member Secretary, Punjab State Legal Services Authority, Chandigarh, for

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necessary action.

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18.11.2015. SN

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(JITENDRA CHAUHAN) JUDGE

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SANJAY 2016.01.12 14:33 I attest to the accuracy and integrity of this document

Rajiv Aggarwal v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Rajiv Aggarwal v. State of Punjab & Ors.

Case brief

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What did the court decide?

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