Judgment:
CRR No.139 of 2012 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA, AT CHANDIGARH ***** CRR No.139 of 2012 (O&M) Date of Decision: 22.04.2014 Bharat Bhushan Malik ..Petitioner Versus State of Punjab and another ..Respondents CORAM: HON’BLE Mr.JUSTICE MAHAVIR S.
CHAUHAN Present : Mr.R.S.Ahluwalia, Advocate, for the petitioner.
Mr.A.P.S.Gill, AAG, Punjab, for respondent No.1-State.
Mr.R.M.Suri, Advocate, for Mr.Sandeep Suri, Advocate, for respondent No.2.
MAHAVIR S.
CHAUHAN, J.
(ORAL) On the complaint of ICICI Bank Limited, respondent No.2 herein, the petitioner was tried and convicted under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo imprisonment for one year and to pay compensation of Rs.30,000/- to the complainant within a period of two months after expiry of period of appeal/revision, by the Court of learned Judicial Magistrate Ist Class, Bathinda (for short, 'trial Court').vide judgment/order dated 17.03.2011.
Petitioner challenged the order dated 17.03.2011 by way of Criminal Appeal No.43 of 16.04.2011, which after contest, was dismissed by the learned Sessions Judge, Bathinda (for short, Virendra singh adhikari 2014.04.24 09:24 I attest to the accuracy and integrity of this document High Court Chandigarh CRR No.139 of 2012 (O&M) -2- 'appellate Court') vide judgment dated 30.11.2011.
To challenge the afore-stated judgments/order, the petitioner has filed the present criminal revision petition under Sections 397/401 of the Criminal Procedure Code, 1973.
During the pendency of the criminal revision, parties have reached a settlement (Annexure A-1) and in view of that there is a prayer for compounding of the offence.
The complainant is being represented by Shri R.M.Suri, Advocate, who is present in Court, and submits that the complainant is ready and willing to compound the offence as regards the petitioner.
In the circumstances, judgment/order dated 17.03.2011 passed by the learned trial Court in Criminal File No.51 of 14.03.2008/RT No.122 of 31.07.2009 and the judgment dated 30.11.2011 passed by the learned appellate Court in Criminal Appeal No.43 of 16.04.2011 are set aside and the offence is allowed to be compounded.
In the circumstance, the matter is disposed of as having been compounded and the petitioner is acquitted of the offence of which he was convicted and sentenced.
The criminal revision petition is, accordingly, disposed of.
(MAHAVIR S.
CHAUHAN) JUDGE2204.2014 adhikari Virendra singh adhikari 2014.04.24 09:24 I attest to the accuracy and integrity of this document High Court Chandigarh