GURBALJIT SINGH ALIAS BALLA Vs. STATE OF PUNJAB
LAWS(P&H)-2014-10-158
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 27,2014

GURBALJIT SINGH ALIAS BALLA Appellant
VERSUS
STATE OF PUNJAB Respondents


Referred Judgements :-

APEX COURT IN DAMODAR S. PRABHU V. SAYED BABALAL H [REFERRED TO]
DAMODAR S. PRABHU V. SAYED BABALAL JT [REFERRED TO]


JUDGEMENT

Anita Chaudhry, J. - (1.)The present revision petition filed by the petitioner against the order dated 21.04.2014, passed by the learned Addl. Sessions Judge, Amritsar, vide which, impugned judgment of conviction and order of sentence dated 07.11.2012 convicting the petitioner for offence under Sec. 138 of the Negotiable Instruments Act and sentencing him to undergo R.I. for a period of two years and to pay a fine of INR 1000.00, passed by learned Judicial Magistrate Ist Class, Amritsar has been upheld.
(2.)Learned counsel for the petitioner contends that parties have compromised the matter and in this regard affidavit (Annexure CRR No.1649 of 2014 (O&M) P-2) of complainant Gurpal Singh Chahal has been filed and report of the Chief Judicial Magistrate, Amritsar with respect to the compromise has also been received. The entire amount stands repaid to the complainant; that the petitioner has already deposited an amount of INR 27,750.00 (15% of the cheque amount) vide receipt No.7 dated 27.10.2014 with the Punjab & Haryana High Court Legal Services Authority, at Chandigarh. Copy of the receipt has been placed on record.
(3.)On the other hand, the learned counsel appearing for the respondent No.2 admits the factum of receipt of the entire payment. The counsel for respondent No.2 has no objection if the impugned judgments of conviction and sentence is set aside.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.