Allowed

Pritpal Singh v. Kulwant Singh

Punjab & Haryana HC19 Sept 2024CRR/1612/2024

Case brief

AI extract

What is this about?

In a revision under Article 226, the High Court of Punjab and Haryana allowed the petition and set aside convictions for cheque dishonour under Section 138 NI Act. The Court found the matter amicably resolved via compromise, permitted acquittal since the offence is compoundable, and quashed lower court judgments.

What did the court decide?

The judgment of conviction dated 4.11.2019 and appeal dismissed judgment dated 18.7.2022 set aside; petitioner acquitted.

Pritpal Singh Vs Kulwant Singh — 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-1612-2024 (O&M) Date of Decision:-19.9.2024

Pritpal Singh

… Petitioner

Versus

Kulwant Singh

... Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Raj Karan Verka, Advocate for the petitioner. Mr. Arshdeep Singh, Advocate for the respondent. Mr. Japjot Singh, AAG, Punjab.

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GURVINDER SINGH GILL, J . (Oral)

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The instant revision petition is directed against judgment dated 18.7.2022 passed by learned Additional Sessions Judge, Rupnagar vide which an appeal filed by the petitioner assailing his conviction for offence under Sections 138 of Negotiable Instruments Act as recorded by learned Sub Divisional Judicial Magistrate, Sri Anandpur Sahib vide judgment and order of sentence dated 4.11.2019, has been dismissed.

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Learned counsel for the petitioner submitted that the matter has been amicably resolved amongst the parties.

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Mr. Arshdeep Singh, Advocate representing the respondent has endorsed the factum of compromise. Learned counsel for the respondent/complainant submitted that the respondent/complainant does not have any objection in case the present revision petition is accepted and the petitioner is acquitted of the charges.

¶15

Pankaj Kakkar 2024.09.20 17:10 I attest to the accuracy and authenticity of this document

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CRR-1612-2024 (O&M) ( 2 )

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As a matter of fact, on 31.8.2024 when the delay in filing the present revision petition was condoned, learned counsel representing the respondent/complainant had stated that the matter has been amicably resolved amongst the parties and the complainant himself was present in the Court and had been identified by learned counsel representing the complainant. Under these circumstances, this Court is satisfied that the matter has been compromised amongst the parties. The offence in question is otherwise a bailable offence. As such, this Court does not have any hesitation in accepting the factum of compromise arrived at between the petitioner and the complainant.

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In view of the aforestated position, wherein the matter stands amicably resolved and learned counsel for the complainant/respondent had affirmed the factum of compromise and has stated that the complainant has no objection in case the conviction of the petitioner is set aside and while also having regard to the fact that offence under Section 138 of the Act is a compoundable offence, the present revision petition is allowed and judgment dated 18.7.2022 passed by learned Additional Sessions Judge, Rupnagar as well as judgment of conviction and order of sentence dated 4.11.2019 passed by learned Sub Divisional Judicial Magistrate, Sri Anandpur Sahib are set aside and the petitioner is acquitted of the charges.

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Necessary information be sent to quarters concerned.

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19.9.2024		( Gurvinder Singh Gill )
Pankaj		Judge
	Whether speaking /reasoned	Yes / No
	Whether Reportable	Yes / No

¶21

Pankaj Kakkar 2024.09.20 17:10 I attest to the accuracy and authenticity of this document

Pritpal Singh v. Kulwant Singh

Case brief

What is this about?

What did the court decide?

Pritpal Singh v. Kulwant Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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