Punjab-Haryana High Court
Rohit vs Kuldeep Singh And Another on 19 April, 2018
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
138
Criminal Revision No.973 of 2018 (O&M)
Date of Decision: April 19th, 2018
Rohit
...Petitioner
Versus
Kuldeep Singh and another
...Respondents
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. Jagjot Singh Lalli, Advocate
for the petitioner.
Mr. Ashish Gupta, Advocate
for respondent No.1.
Mr. Manoj Kumar Sangwan, Deputy Advocate General,
Haryana.
AUGUSTINE GEORGE MASIH, J. (ORAL)
CRM No.9227 of 2018 Prayer in this application is for permission to place on record document Annexure P-1 and for exemption from filing certified copy of the same.
Application is allowed subject to just exceptions. Document Annexure P-1 is taken on record. Exemption from filing the certified copy of Annexure P-1 is granted.
CRM No.9228 of 2018
Prayer in this application is for permission to place on record document Annexure P-2 and for exemption from filing certified copy of the same.
Application is allowed subject to just exceptions. Document Annexure P-2 is taken on record. Exemption from filing the certified copy of Annexure P-2 is granted.
1 of 4 ::: Downloaded on - 07-05-2018 05:28:27 ::: Criminal Revision No.973 of 2018 (O&M) 2 CRR No.973 of 2018 This revision petition has been preferred challenging the order dated 07.04.2014 by which the petitioner was convicted and the order dated 16.04.2014 imposing the punishment of rigorous imprisonment for 2 years with fine of `500/- with default stipulation.
The appeal preferred by the petitioner was dismissed by the Appellate Court by judgment dated 05.03.2018. In the cross appeal, which has been preferred by the complainant, the fine/compensation was enhanced to `4 lakh.
This case came up for hearing before this Court on 13.03.2018, when following order was passed:-
"Counsel for the petitioner states that the petitioner is ready and willing to pay the amount of `4,00,000/-, which was the cheque amount and to show the bona fides, he has produced a bank draft amounting to `2,50,000/- drawn in the name of Kuldeep Singh-respondent No.1/complainant, which be deposited with the Registrar (Judicial) of this Court. He further states that the remaining amount of `1,50,000/- shall be paid to the complainant on or before the next date of hearing.
Notice of motion for 17.04.2018.
Dasti also.
In case the above referred to bank draft amounting to `2,50,000/- is deposited with the Registrar (Judicial) of this Court, petitioner be released on interim bail to the satisfaction of Chief Judicial Magistrate, Karnal.
Copy of this order be given dasti to the counsel for the petitioner under signatures of Bench Secretary of this Court."
Thereafter on 17.04.2018, the mater was amicably resolved and the said order reads as follows:-
"Counsel for the petitioner, on instructions from the petitioner who is present in Court, states that the petitioner 2 of 4 ::: Downloaded on - 07-05-2018 05:28:28 ::: Criminal Revision No.973 of 2018 (O&M) 3 has brought an amount of ` 1,50,000/- in cash today.
Counsel for respondent No.1 states that the respondent is not present today and in any case, he would prefer to have a bank draft along with some litigation expenses.
It has amicably been resolved that an amount of `1,60,000/- would be paid on the next date of hearing in addition to the amount of ` 2,50,000/-, which stands already deposited with the Registrar (Judicial) of this Court. The total settlement amount, therefore, comes to ` 4,10,000/-. List on 19.04.2018. To be shown in the urgent list."
In compliance with the above order, counsel for the petitioner has handed over a demand draft drawn in the name of Mr. Kuldeep Singh- complainant-respondent No.1 amounting to `1,60,000/-, which has been received by Mr. Kuldeep Singh, who is present in Court. He acknowledges the factum of being satisfied with regard to the compromise. He states that he has no grievance against the petitioner and the offence may be compounded.
Keeping in view the fact that the matter has been resolved between the parties, especially in the light of the statement of the complainant, as made in the Court, the present revision petition is accepted.
Offence committed by the petitioner, for which he was convicted and sentenced, is hereby compounded.
The petitioner stands acquitted of the charge framed against him.
The bail/surety bonds submitted by the petitioner in pursuance to the order passed by this Court on 13.03.2018 are hereby discharged.
The bank draft amounting to `2,50,000/- deposited by the petitioner in pursuance to the order dated 13.03.2018 drawn in the name of 3 of 4 ::: Downloaded on - 07-05-2018 05:28:28 ::: Criminal Revision No.973 of 2018 (O&M) 4 Mr. Kuldeep Singh-respondent No.1-complainant with the Registrar (Judicial) of this Court, on moving an application by the complainant duly identified by his counsel, be released to him forthwith.
In the light of the decision of the revision petition, CRM Nos.9229 and 9230 of 2018 have been rendered infructuous.
Disposed of as such.
Copy of this order be given dasti to the counsel for the petitioner under signatures of Bench Secretary of this Court.
April 19th, 2018 (AUGUSTINE GEORGE MASIH)
Puneet JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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