Harcharan Singh vs State Of Punjab - 2024 Supreme(P&H) 1776

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1776

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Harcharan Singh – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Karandeep Singh Sidhu, Advocate
For the Respondent:Mr. Sukhdev Singh, AAG, Punjab. Mr. Abhaysher Singh, Advocate

JUDGMENT :

Anoop Chitkara, J.

Criminal Complaint	No. NACT-1260/2019 under Section 138 of the Negotiable Instruments Act, District Ferozepur. Decided on: 5.1.2024
Criminal Appeal	No. 12 of 22.01.2024, Sessions Judge, District Ferozepur. CIS NO.CRA-22/2024 Decided on: 1.5.2024

1. The petitioner, who stands convicted and sentenced to a period of six months and was directed to pay compensation to the tune of the cheque amount i.e. Rs.1,80,000/-with interest by the trial court, for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (NIA), after dismissal of his appeal by the Sessions court, has come up before this Court under Section 401 of the Code of Criminal Procedure, (CrPC) for setting aside the judgment of conviction, based on compromise.

2. The petitioner faced criminal prosecution by the private respondent because of the dishonor of the cheque in question. Thus, the opposition of the State's counsel to this petition is formal.

3. This court had asked the parties to appear before the concerned court and had asked the said court to give its report as per the format. The report reads as follows:

Name of the reporting Court

Judicial Magistrate