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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RAJESH BHARDWAJ
Harjinder Kaur – Appellant
Versus
Satnam Singh – Respondent
JUDGMENT :
Rajesh Bhardwaj, J. (ORAL)
CRM-40367-2024
For the reasons mentioned in the application, delay of 271 days in filing the revision is condoned.
Application stands allowed.
CRM-40368-2024
Application is allowed as prayed for.
Annexure P-1 along with judgments is taken on record.
CRR-1974-2024 (O&M)
1. This revision has been filed by the petitioner impugning the order dated 06.10.2023 passed by learned Additional Sessions Judge, Ferozepur whereby the conviction and sentence awarded by learned Judicial Magistrate Ist Class, Ferozepur vide order dated 16.01.2020 in a complaint under Section 138/142 of Negotiable Instruments Act has been upheld.
2. As per facts of the case, the complainant who was having friendly relations with the accused/petitioner advanced the loan of Rs.2,50,000/- to her. Thereafter to discharge her legal liability, accused issued a cheque bearing No. 095260 dated 01.07.2016 drawn at State Bank of Patiala, Ferozepur City amounting to Rs.2,50,000/- but on being presented in the Bank the same was dishonoured vide memo dated 11.07.2016 with the remarks "funds insufficient". Resultantly, legal notice dated 13.07.2016 was issued to the accused and ultimately, complaint un
Once a settlement is reached between the parties in a dishonoured cheque case, the offence under Section 138 of the Negotiable Instruments Act can be compounded, leading to acquittal.
The offence under Section 138 of the Negotiable Instruments Act is compoundable, leading to acquittal upon settlement.
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 parties.
The legal enforcement of Section 138 of the Negotiable Instruments Act is affirmed with an emphasis on the sufficiency of evidence and statutory notice requirements.
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