IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Rev.No.1836 of 2009
Date of Decision:- 12.08.2009
M/s.Bodh Raj Ranjit Kumar and another ....Petitioner(s)
vs.
State of Punjab and another ....Respondent(s)
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CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
***
Present:- Mr.Karanjit Singh, Advocate, for the petitioners.
Mr.Amandeep Singh Rai, AAG, Punjab,
for respondent No.1.
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AUGUSTINE GEORGE MASIH, J. (Oral)
Counsel for the petitioners, as per his instructions, states that a
compromise has been entered into between the parties and in compliance of
the said compromise, has produced a bank draft payable at Axis Bank Ltd.
bearing No.005550 dated 18.7.2009 for Rs.31,000/- in the name of
complainant-respondent No.2-Baljit Singh towards the remaining amount
out of the total amount which was in dispute in the complaint under Section
138 of the Negotiable Instruments Act, 1881. The said draft has been
handed over to Baljit Singh-complainant-respondent No.2, who is present in
Court and has been identified by the counsel for the petitioner. The said
Baljit Singh has also produced a copy of the identity card to establish his
identity and to show that he is working as a Science Master in
Govt.Sr.Secondary School, Patti. On receipt of the said bank draft, he
states that he does not want to pursue the matter further and he would have
Crl.Rev.No.1836 of 2009 -2-
no objection if the present revision petition is allowed and the petitioner is
released from custody.
Keeping in view the compromise which has been entered into
between the parties and the remaining liability of Rs.31,000/- having been
discharged and the statement of the complainant that he does not want to
pursue the matter further and the offence be compounded and he has no
objection if the petitioner is released from custody the petition deserves to
be allowed.
In view of the above, the present petition is allowed as the
matter have been compromised, the offence of the petitioner shall stand
compounded in the light of the provisions of Section 147 of the Negotiable
Instruments Act, 1881. The petitioner shall be released from custody
forthwith if no more required in any other case.
A copy of this order be given dasti to counsel for the petitioner
under the signatures of the Court Reader.
August 12, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE