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Punjab-Haryana High Court

Manjit Kaur vs Jagdish Singh And Another on 12 December, 2012

Author: K.C. Puri

Bench: K.C. Puri

           Crl.R. No. 301     of 2011                         -1-



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

                              Crl.R. No. 301 of 2011 (O&M)
                              Date of decision : 12.12.2012

                             ...

    Manjit Kaur
                                           ................Petitioner

                              vs.

    Jagdish Singh and another
                                          .................Respondents



    Coram: Hon'ble Mr. Justice K.C. Puri



    Present: Sh. J.S. Bhatti, Advocate
             for the petitioner

            Sh. Vipul Dharmani, Advocate
            for respondent No.1.

            Sh. Sandeep Chhabra, Deputy Advocate General,
            Punjab.
                ...


    K.C. Puri, J.

Petitioner was convicted by both the Courts below in respect of dishonour of two cheques valuing ` 25,000/- i.e. ` 10,000/- and `15,000/-. Both the parties have arrived at a compromise. The amount of cheque in question is stated to have been paid. The 15% of the cheque amount as per authority reported as Damodar S. Prabhu vs. Sayed Babalal H. 2010 (2) RCR (Criminal) 851, has also been deposited. The matter is compoundable.

Crl.R. No. 301 of 2011 -2-

Complainant is present in person and has been identified by his counsel Sh. Vipul Dharmani, Advocate. The complainant has stated that he has received `10,000/- and a sum of ` 35,000/- has been deposited before the trial Court and there is a compromise.

So, in view of Damodar S. Prabhu's case (Supra), the judgment dated 15.2.2010 passed by Sh. Kapil Aggarwal, Judicial Magistgrate Ist Class, Anandpur Sahib and judgment dated 31.1.2011 passed by Sh. G.K. Dhir, Sessions Judge, Rupnagar, stands set aside, after accepting the revision petition and the accused stands acquitted in view of compromise.

The amount deposited before the trial Court be paid to the complainant under proper receipt and identification.

( K.C. Puri ) 12.12.2012 Judge chugh