Crl.A No.376-DBA of 1995(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.A No.376-DBA of 1995(O&M)
DATE OF DECISION: September 4, 2009
STATE OF PUNJAB ...APPELLANT
VERSUS
RAJINDER GULCHA 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
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 has
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 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.
Crl.A No.376-DBA of 1995(O&M) -2-
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