Supreme Court - Daily Orders
Ganpat Singh vs The State Of Rajasthan on 18 August, 2017
Bench: Dipak Misra, A.M. Khanwilkar, Mohan M. Shantanagoudar
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1429 OF 2017
(Arising out of SLP (Crl) No.7501 of 2016)
GANPAT SINGH & ANR. … Appellant
VERSUS
THE STATE OF RAJASTHAN & ORS. … Respondents
O R D E R
Leave granted.
The appellants stood convicted under Section 138 of the Negotiable Instruments Act, 1881 by the Additional Chief Judicial Magistrate, Court No.6, Jaipur City, Jaipur and sentenced to undergo simple imprisonment for one year and to pay compensation of Rs.5,00,000/- (Rupees five lac only). On appeal, the same was confirmed. The Revision Petition preferred by the appellants stood dismissed for non-prosecution.
After the matter came to this Court, on 11.11.2016, the following order was passed :-
“In view of the fact that an amount of Rs,.5,00,000/- (Rupees five lac only) as Signature Not Verified Digitally signed by directed earlier has been deposited, let GULSHAN KUMAR ARORA Date: 2017.08.23 fresh steps be taken to effect service on 12:32:17 IST Reason: the respondents within a week hence.” In pursuance of the said order, an amount of 2 Rs.5,00,000/- (Rupees five lac only) had been deposited and the same has been withdrawn by the respondent-complainant. On being suggested whether the amount paid should satisfy the complainant, learned counsel has fairly stated that he has no more grievance.
In view of the aforesaid, the judgment of conviction and order of sentence passed by the trial Court and affirmed by the appellate court and not interfered with by the High Court are set aside.
The appeal is accordingly allowed.
.....................,J.
(Dipak Misra) .....................,J.
(A.M. Khanwilkar) .....................,J.
(Mohan M. Shantanagoudar) New Delhi;
August 18, 2017.
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ITEM NO.43 COURT NO.2 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7501/2016
(Arising out of impugned final judgment and order dated 21-11-2013 in SBCRP No. 473/2012 passed by the High Court Of Rajasthan At Jaipur) GANPAT SINGH & ANR. Petitioner(s) VERSUS THE STATE OF RAJASTHAN & ORS. Respondent(s) (FOR CONDONATION OF DELAY IN FILING and EXEMPTION FROM FILING O.T. and FOR EXEMPTION FROM FILING O.T.) Date : 18-08-2017 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. Imran Khan, Adv.
Ms. Prabha Jha, Adv.
Mr. Anil K. Chopra, AOR For Respondent(s) Mr. D.S. Parmar, Adv.
Mr. Susheel Tomar, Adv.
Ms. Priyanka Das, Adv.
Ms. Abha R. Sharma, AOR Mr. Nitish Bagri, Adv.
Mr. Rohit K. Singh, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Assistant Registrar (Signed order is placed on the file)