Allowed

Davinder Kumar v. Rajat Kakkar and Another

Punjab & Haryana HC3 Oct 2024CRR/134/2022

Case brief

AI extract

What is this about?

Revision against conviction under Section 138 of the Negotiable Instruments Act, upheld on appeal below. Parties reported an amicable settlement before mediation; the complainant confirmed receipt of the entire amount in court and raised no objection. The High Court set aside both prior judgments and acquitted the petitioner.

What did the court decide?

Impugned judgments of Additional Sessions Judge, Jalandhar (04.10.2021) and Judicial Magistrate 1st Class, Phillaur (22.02.2019) set aside; petitioner acquitted.

Davinder Kumar Vs Rajat Kakkar and Another — Cheque Dishonour | Punjab & Haryana HC (2024)

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In The High Court for the States of Punjab and Haryana At Chandigarh

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CRR-134-2022 (O&M) Date of Decision:- 03.10.2024

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Davinder Kumar … Petitioner

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Versus

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Rajat Kakkar and another ... Respondents

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Sandeep Sharma, Advocate, for the petitioner. Mr. Vivek Gupta, Advocate for respondent No.1 (appeared through video conferencing). Respondent No.1-Rajat Kakkar in person. Mr. Japjot Singh, AAG, Punjab.

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GURVINDER SINGH GILL, J . (Oral)

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By way of the instant revision petition, the petitioner assails judgment dated 04.10.2021 passed by learned Additional Sessions Judge, Jalandhar vide which his appeal assailing his conviction for offence punishable under Section 138 of Negotiable Instruments Act as

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MOHAN SINGH 2024.10.04 14:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CRR-134-2022 (O&M) - 2 -

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recorded by learned Judicial Magistrate 1^st Class, Phillaur vide order dated 22.02.2019, has been dismissed.

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On the last date of hearing it was represented that there are chances of amicable settlement and consequently this Court had referred the parties to Mediation and Conciliation Centre at Jalandhar.

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Learned counsel for the petitioner has today submitted that the matter has been amicably resolved amongst the parties and that the entire amount has been paid to respondent No.1/complainant namely Rajat Kakkar who is present in the Court and has been identified by Mr. Vivek Gupta, Advocate, who has joined the proceedings through video conference.

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Respondent No.1 has stated that he has compromised the matter with the petitioner and has received the entire amount and has no objection in case the revision petition is accepted and the impugned judgments are set aside.

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In view of the aforestated position this Court is satisfied that the matter has been amicably resolved amongst the parties. Consequently, having regard to the nature of offence and the fact that both the parties have stated that the matter has been compromised and the entire amount has been paid to the complainant, the revision petition is accepted and order dated 04.10.2021 passed by learned Additional Sessions Judge, Jalandhar as well as judgment dated

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MOHAN SINGH 2024.10.04 14:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CRR-134-2022 (O&M) - 3 -

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22.02.2019 passed by learned Judicial Magistrate 1^st Class are hereby

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set aside and the petitioner is acquitted of the charges.

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03.10.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No

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MOHAN SINGH 2024.10.04 14:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

Davinder Kumar v. Rajat Kakkar and Another

Case brief

What is this about?

What did the court decide?

Davinder Kumar v. Rajat Kakkar and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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