Crl.A No.373-DBA of 1995(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.A No.373-DBA of 1995(O&M)
DATE OF DECISION: September 4, 2009
STATE OF PUNJAB ...APPELLANT
VERSUS
PAWAN KUMAR AND OTHERS ...RESPONDENTS
CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA.
HON’BLE MR. JUSTICE MOHINDER PAL.
PRESENT: MR. A.S. GREWAL, ADDL.A.G. PUNJAB
FOR THE APPELLANT.
MR. H.S. GILL, SR.ADVOCATE
WITH MR. G.S. SIDHU, ADVOCATE
MR. H.S. SANGHA, ADVOCATE
MR. VIKRAM CHAUDHARY, ADVOCATE
MR. GULSHAN SHARMA, ADVOCATE
IN CRL.A. NO.366-DBA TO 374-DBA OF 1995.
ASHUTOSH MOHUNTA, J.(ORAL)
The State of Punjab has challenged the judgement dated
26.9.1994, passed by the Judicial Magistrate Ist Class, Abohar vide which
the respondents were acquitted of the charges under Section
420/467/471/120-B IPC.
Counsel for the respondents Mr. H.S. Gill, Sr. Advocate and
Sh. Gulshan Sharma, Advocate have submitted that an appeal on similar
issue and set of facts bearing Crl.A. No.276-DBA of 1995 titled as State of
Punjab vs. Pawan Kumar and others, i.e. between the same parties came up
for hearing before a Division Bench of this Court and the Division Bench
Crl.A No.373-DBA of 1995(O&M) -2-
dismissed the appeal filed by the State of Punjab vide judgement dated
14.2.2007. Copy of the judgement passed by the Division Bench in the
above case has been placed on record. Mr. Gill, further submits that during
the pendency of this appeal, the respondents have entered into a
compromise with the complainant-Bank and they have paid the entire dues
to the Bank. In this regard, compromise dated 2.5.2001 and 26.3.2003, have
already been placed on record in connected Crl.A. No.366-DBA of 1995.
As the facts and the issue involved in the present appeal are
similar to Crl.A.No.276-DBA of 1995 decided on 14.2.2007, therefore, this
appeal is dismissed in same terms and reasons as State of Punjab vs. Pawan
Kumar and others (supra).
(ASHUTOSH MOHUNTA)
JUDGE
September 4, 2009 (MOHINDER PAL)
Gulati JUDGE