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2022 Supreme(P&H) 1294

SANT PARKASH
Balwinder Pal Alias Kala – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Rajesh Kumar Dhankhar, Advocate, Tanvir Joshi, Advocate, Pardeep Solath, Advocate

JUDGMENT

Sant Parkash, J. - The case has been taken up for hearing through video conferencing.

CRR-1121-2021

2. The petitioner has filed present revision petition under Section 397 read with Section 401 of the Cr.P.C. for setting aside judgment dated 09.09.2021 passed by learned Sessions Judge, Pathankot dismissing appeal against judgment of conviction and order of sentence both dated 19.10.2019 passed by learned Additional Chief Judicial Magistrate, Pathankot.

3. Vide order dated 13.12.2021, the substantive sentence of imprisonment as imposed upon the petitioner was suspended till today on the ground that the parties have entered into compromise.

4. Learned Counsel for the respondent No.2-complainant has admitted the factum of compromise and has further submitted that respondent No. 2/complainant has received the entire cheque amount from the petitioner-accused and has no objection in case the petitioner-accused is acquitted of the offence.

Offence punishable under Section 138 of the N.I. Act is compoundable under Section 147 of the N.I. Act.

5. In JIK INDUSTRIES LIMITED AND OTHERS VS. AMARLAL V. JUMANI AND ANOTHER : 2012(1) R.C.R.(CRIMINAL) 822 it was held by Hon'ble Supreme Court that

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