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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Sukhwinder Singh – Appellant
Versus
The Primary Coop. Agri. Development Bank Ltd Patiala – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral) - CRM-49724-2024
Allowed as prayed for.
CRM-25556-2024
For the reasons mentioned in the application, the same is allowed.
Delay of 830 days in filing the present revision petition is hereby condoned.
MAIN CASE
1. The instant revision petition has been preferred against the impugned judgment of conviction and the order of sentence dated 12.12.2019 passed against the petitioner by learned Judicial Magistrate Ist Class, Patiala in complaint case bearing CNR No.PBPT03012722-2017 dated 03.10.2017 filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as NI Act) as well as the impugned judgment dated 06.12.2021 passed by learned Additional Sessions Judge, Patiala, whereby, the appeal filed by the petitioner against the judgment of conviction dated 12.12.2019 has been dismissed. The petitioner was sentenced as under :-
Name of the convict | Convict under Section | Sentence |
Sukhwinder Singh | 138 NI Act | RI for 01 year with compensation equivalent to cheque amount of Rs.2,50,000/- along with simple interest @ 9% p.a. from the date till the final realization date of issuance of cheque in default of payment to further undergo for 03 mont |
Section 138 of the Negotiable Instruments Act allows for compounding of offenses upon mutual consent of the parties, emphasizing compensatory over punitive aspects.
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