Criminal Revision No. 1559 of 2009 1
In the High Court of Punjab & Haryana at Chandigarh
Criminal Revision No. 1559 of 2009 (O&M)
Date of decision : 7.8.2009
Gulshan Kumar Singla ..... Petitioner
vs
State of Punjab and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sourabh Goel, Advocate, for the petitioner.
Mr. Anter Singh Brar, Senior Deputy Advocate General, Punjab,
for respondent no. 1.
Mr. Padamkant Dwivedi, Advocate, for respondent no. 2.
Rajesh Bindal J.
The petitioner has filed the present revision before this Court
challenging his conviction by the learned Judicial Magistrate Ist Class, Barnala,
under Section 138 of the Negotiable Instrument Act,1881, which was upheld by
the Additional Sessions Judge, Barnala. The petitioner has been sentenced to
undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.
7,000/-. In default of payment of fine, he had to undergo rigorous imprisonment
for three months.
Learned counsel for the petitioner submitted that the dispute between
the parties has been settled. Krishna Chand alias Krishna Kumar, who is father and
attorney of respondent no. 2, appeared in person in the court, and has placed on
record his affidavit to the effect that now the matter in dispute has been
compromised between the parties and he will not claim anything from the
petitioner. He has also made a statement to the effect that the amount has been
received by him towards his claim and has no objection in case the conviction of
the petitioner is set aside.
Once the parties have settled their dispute, in terms of the Judgment
of Hon’ble the Supreme Court in Vinay Devanna Nayak v. Ryot Seva Sahakari
Bank Ltd., 2007(5) Law Herald (SC) 3843, the offence committed by the
petitioner for which he has been convicted, is compoundable.
Criminal Revision No. 1559 of 2009 2
Accordingly, it is directed that the order of conviction and sentence
awarded by the Courts below in the case of the petitioner is set aside and he is
acquitted from all the charges levelled against him. He is directed to be released
from jail forthwith.
The petition is disposed of.
7.8.2009 ( Rajesh Bindal) vs. Judge