Andeep Singh Vs Pawan Kumar

High Court Of Punjab And Haryana At Chandigarh 20 May 2014 Crl. Revision No. 1183 of 2014 (O and M)

Bench: Single Bench

Result Published

Acts Referenced

Judgement Snapshot

Crl. Revision No. 1183 of 2014 (O and M)

Rekha Mittal, J

Parshan Bansal, Advocate for the Appellant; Sumit Dua, Advocate for the Respondent

Allowed

Negotiable Instruments Act, 1881 (NI) — Section 138, 147

Rekha Mittal, J.

CRM-16175 of 2014

1. Allowed as prayed for.

CRM-16176 of 2014

2. Prayer in this application is for compounding the offence punishable u/s 138 of the Negotiable Instruments Act, 1881 by invoking the provisions

of Section 147 thereof.

3. Counsel for the petitioner submits that the petitioner has discharged his liability qua the cheque amount in favour of the respondent as well as

deposited 15 % of the cheque amount in the Registry of this Court in compliance with the judgment passed by Hon''ble the Supreme Court of

India in Damodar S. Prabhu vs. Sayed Babalal H. 2010 (2) R.C.R. (Criminal) 851, therefore, the petitioner may be allowed to compound the

offence.

4. Counsel for the respondent has conceded to the factual assertions that the petitioner has already discharged his liability qua the cheque amount

by payment of sum of Rs. 2,80,000/-.

5. In view of the above, the petition is allowed, the judgment of conviction and order of sentence passed by the courts below are set aside and the

petitioner is acquitted of the offence, having been compounded.

Judgement Snapshot