Harbans Singh vs Gidderbaha Primary Agriculture Development Bank Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 1715

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Harbans Singh – Appellant
Versus
Gidderbaha Primary Agriculture Development Bank Ltd. – Respondent

Advocates Appeared:
For the Appellant : T.P.S. Makka
For the Respondents: Naginder Singh Vashist, Baljinder Singh

JUDGMENT :

SUMEET GOEL, J.

1. The present petition has been filed impugning the judgment dated 25.02.2025 passed by Additional Sessions Judge, Sri Muktsar Sahib as also judgment and order of sentence dated 23.01.2020 passed by the Sub Divisional Judicial Magistrate, Giddarbaha whereby the petitioner has been held guilty for committing an offence punishable under Section 138 of Negotiable Instruments Act, 1881.

2. Learned counsel for the petitioner has iterated that, during the pendency of proceedings, the petitioner and the complainant-Bank have entered into a settlement/compromise and the petitioner has already deposited the cheque amount with the bank, in respect of which a certificate has been duly issued by the respondent-bank. Furthermore, the petitioner being an uneducated person hailing from a rural background was under a bona fide belief that the matter stood concluded with the respondent-Bank and, thus, discontinued appearing before the appellate Court. According to learned counsel, such conduct on the part of the petitioner has occasioned on account of a bona fide impression and not on account of any deliberate lapse or ulterior motive. Learned counsel has further submitte