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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Vipan Kumar – Appellant
Versus
Ashwani Kumar – Respondent
JUDGMENT :
Jasjit Singh Bedi, J. (Oral)
1. The present revision petition has been filed against the judgment dated 19.01.2010 passed by the Sessions Judge, Amritsar vide which the appeal preferred by the accused-petitioner against the judgment of conviction and order of sentence dated 30.04.2009 passed by the Special Judicial Magistrate, Amritsar has been dismissed.
2. The brief facts of the case are that the accused-petitioner- Vipan Kumar had availed a friendly loan of Rs.75,000/- from the complainant-respondent/Ashwani Kumar. In discharge of his liability, the accused-petitioner had issued a cheque bearing No.441439 dated 07.09.2007 for a sum of Rs.75,000/- drawn on Andhra Bank, Amritsar in favour of the complainant-respondent with the assurance that the same would be encashed. On presentation of the aforesaid cheque, the same was dishonoured with the remarks insufficient funds'. The accused/petitioner was served with a legal notice dated 27.09.2007 for the repayment of the aforesaid amount but he failed to make the payment within the stipulated period of 15 days, leading to initiation of proceedings under Section 138 of the Negotiable Instruments Act, 1881 .
The offence under Section 138 of the Negotiable Instruments Act can be compounded upon mutual settlement of the parties, leading to acquittal.
The main legal point established is that the compounding of the offence under Section 138 of the Negotiable Instruments Act can be allowed based on a mutual compromise between the parties, leading to....
The offence under Section 138 of the Negotiable Instruments Act is compoundable, allowing for acquittal upon mutual settlement between the parties.
The offence under Section 138 of the Negotiable Instruments Act is compoundable, allowing for acquittal upon mutual settlement between parties.
The offence under Section 138 of the Negotiable Instruments Act is compoundable, allowing acquittal upon settlement between the parties.
The offence under Section 138 of the Negotiable Instruments Act is compoundable, leading to acquittal upon settlement.
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