Sanjiv Jindal vs State of Punjab - 2023 Supreme(P&H) 2919

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2919

SANJIV BERRY
Sanjiv Jindal – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. Hitesh Verma, Advocate; For the Petitioner
For the Respondent: Ms. Kanica Sachdeva, AAG, Punjab.
Ms. Komaljit Kaur, Advocate for Ms. Reeta, Advocate for Respondent No. 2.

JUDGMENT

Sanjiv Berry, J. (Oral)

By way of the present criminal revision petition the petitioner has assailed the judgment dated 22.07.2022 passed by the learned Sessions Judge, Mansa, upholding the judgment dated 21.09.2017 passed by the learned Chief Judicial Magistrate, Mansa, convicting the petitioner under Section 138 of Negotiable Instrument Act (for short 'the Act' of 1881) and sentencing him to undergo rigorous imprisonment for two year and to pay fine of Rs. 10,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of 5 days.

2. During the pendency of this petition, it had been represented by the petitioner that the matter has been amicably resolved amongst the parties and consequently this Court vide order dated 25.08.2022 had directed the parties to appear before the Trial Court/Illaqa Magistrate and to get their statements recorded qua the factum of compromise.

3. Report of learned Chief Judicial Magistrate, Mansa has been received, as per which the statements of the parties have been recorded and it has been opined that the parties have voluntarily entered into a compromise and that the compromise/settlement is genuine and not the