Punjab-Haryana High Court
Smt. Raj Bala vs Mahabir Singh on 5 July, 2011
Author: Ajai Lamba
Bench: Ajai Lamba
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Criminal Revision No.2185 of 2010 (O&M)
DATE OF DECISION : JULY 5, 2011
SMT. RAJ BALA
....... PETITIONER(S)
VERSUS
MAHABIR SINGH
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. JagdishManchanda, Advocate, for the petitioner(s).
Mr. Sushil Bhardwaj, Advocate, for the respondent.
AJAI LAMBA, J. (Oral)
1 The present revision petition is directed against judgment dated 5.9.2008, passed by the Additional Chief Judicial Magistrate, Karnal, vide which the petitioner has been convicted under Section 138, Negotiable Instruments Act, 1881, and vide order dated 6.9.2008, sentenced to undergo simple imprisonment for six months and to pay a fine of ` 5,000/-. In default of payment of fine, the petitioner has further been directed to undergo simple imprisonment for one month. Challenge is also to order dated 6.8.2010, passed by the Additional Sessions Judge (Fast Track Court), Karnal vide which the appeal filed by the petitioner has been dismissed. 2 Learned counsel for the petitioner states that the principle amount has already been paid. The petitioner is ready Criminal Revision No.2185 of 2010 2 and willing to pay ` 10,000/- more, in lieu of interest on the principle amount.
3 Learned counsel for the petitioner further contends that a sum of ` 5,000/- was deposited in the trial Court under order of sentence dated 6.9.2008, which can also be released to the respondent.
4 Learned counsel for the respondent gracefully accepts the offer made by learned counsel for the petitioner. 5 Accordingly, learned counsel for the petitioner, on behalf of the petitioner, has paid a sum of ` 10,000/-, in cash, to the learned counsel for the respondent.
6 It is further directed that ` 5,000/- deposited by the petitioner in lieu of fine under order of sentence dated 6.9.2008 would also be released in favour of the respondent. 7 In view of the compromise, as recorded above, and the fact that the entire amount has been paid, this Court invokes the provisions of Section 147, Negotiable Instruments Act, 1881, and the offence is hereby compounded. 8 In view of the above, the judgments of the courts below are set aside and the revision petition is allowed.
July 5, 2011 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?