R.p. Singh v. Jaswinder Singh

R.p. Singh v. Jaswinder Singh

(High Court Of Punjab And Haryana)

Criminal revision No. 3588 of 2014 | 12-01-2015

M.M. Singh Bedi, J.This is a revision petition against the concurrent conviction of the petitioner under Section 138 of the Negotiable Instruments Act, directing him to undergo rigorous imprisonment for one year with a fine of Rs. 20,000/- in a case of dishonouring of cheque of Rs. 2 lacs. The petitioner had agreed to repay the amount and compound the dispute by relying upon the judgment in Damodar S. Prabhu Vs. Sayed Babalal H., . Petitioner was granted the concession of bail subject to depositing of Rs. 2,75,000/- which included Rs. 2,30,000/- for compounding and Rs. 45,000/- as costs for unnecessary harassment and compensation in addition to sum of Rs. 20,000/- which has already been deposited by the petitioner. It has been informed that the amount has been deposited and released to the complainant.

2. No one has put in appearance on behalf of the respondent to controvert the contention of learned counsel for the petitioner despite service.

3. In view of the above said circumstances, the revision petition is disposed of as compounded. Conviction order passed by the Courts below are set aside as compounded in view of the amount paid.

Advocate List
Bench
  • HON'BLE JUSTICE M.M. SINGH BEDI, J.
Eq Citations
  • 2015 (1) RCR (Civil) 708
  • 2 (2015) BC 309 (P&H)
  • 2015 (1) RCR (CRIMINAL) 566
  • LQ/PunjHC/2015/108
Head Note

Negotiable Instruments Act, 1881 — Ss. 138 and 139 — Revision petition against conviction under S. 138 — Petitioner agreeing to repay amount and compound dispute — Petitioner granted concession of bail subject to depositing of Rs. 2,75,000 which included Rs. 2,30,000 for compounding and Rs. 45,000 as costs for unnecessary harassment and compensation — Amount deposited and released to complainant — No one appearing on behalf of respondent to controvert contention of petitioner — Revision petition disposed of as compounded and conviction order passed by Courts below set aside as compounded in view of amount paid