9911796707
TMI Blog2021 (12) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... Instruments Act, 1881 read with Section 320 (6) Cr.P.C. Since the offence relating to dishonour of cheque has a compensatory profile and is required to have precedence over punitive mechanism, therefore, the present revision petition deserves to be allowed. Petition allowed. - CRM-42451-2021 and CRM-42791-2021 in/and CRR-307-2021 (O&M) - - - Dated:- 16-12-2021 - HON'BLE MR. JUSTICE VIKAS BAHL Mr. Amarjit Singh Ahluwalia, Advocate for the petitioner Mr. Vishal Dhiman, Advocate and Mr. Vipul Goel, Advocate for the respondent ORDER VIKAS BAHL, J. (ORAL) CRM-42451-2021 Application is allowed, as prayed for. Additional affidavit on behalf of the respondent is taken on record, subject to all just exception ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the said proceedings, the petitioner was convicted under Section 138 of the Act of 1881 and was sentenced as has been mentioned hereinabove. During the pendency of the appeal, there was compromise which had been arrived at between the parties before the Mediation and Conciliation Centre and it had been agreed that the petitioner would pay an amount of ₹ 30,000/- to the complainant/respondent in five installments. A perusal of the judgment of the Appellate Court would show that the petitioner had paid an amount of ₹ 25,000/- to the complainant but however could not pay the balance amount of ₹ 5000/- and thus, the appeal was dismissed. Learned counsel for the petitioner as well as complainant have submitted that du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aforesaid judgments/orders. 4. That contents of short reply dated 25.04.2021 may also be read as part and parcel of this additional affidavit. Place: Bathinda Sd/- (Sita Ram Mittal) Date: 1/12/2021 Deponent/Respondent VERIFICATION Verified that contents of para No.1 to 4 of short reply by way of an affidavit on behalf of respondent are true and correct to my knowledge. No part of it is false and nothing has been kept concealed therefrom. Place: Bathinda Sd/- (Sita Ram Mittal) Date: 1/12/2021 Deponent/Respondent A perusal of the said affidavit would show that the complainant has specifically submitted that the matter has been compromised between the parties and he has no objection in case the sentence imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed. It is also relevant to state that the petitioner has already undergone custody of 1 month and 4 days out of total sentence of 6 months of rigorous imprisonment. This Court in a judgment dated 09.03.2017 passed in CRR no.390 of 2017 titled as Kuldeep Singh vs. Vijay Kumar and another has held as under:- Reliance can be placed on Kaushalya Devi Massand vs. Roopkishore Khore, 2011 (2) RCR (Criminal) 298 and Damodar S. Prabhu vs. Sayed Babalal, AIR 2010 (SC) 1097. The revisional jurisdiction of the High Court in terms of Section 401 Cr.P.C. would result in bringing about ends of justice between the parties in the event of finding that the compromise is genuine, bonafide and free from any undue influence. The comprom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Additional Sessions Judge, Bathinda are set aside and the present criminal revision is allowed in terms of the compromise subject to the petitioner depositing an amount of ₹ 3000/- within a period of four weeks from the date of receipt of certified copy of this judgment with the District Legal Services Authority, Bathinda. However, it is made clear that in case the petitioner does not deposit an amount of ₹ 3000/- within a period of four weeks from the date of receipt of certified copy of this judgment with the District Legal Services Authority, Bathinda, the present criminal revision would be deemed to have been dismissed. All the pending miscellaneous applications, if any, stand disposed of in view of the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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