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TMI Blog2022 (1) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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. The petitioner is directed to deposit an amount of ₹ 30,000/- being 15% of the cheque amount with the High Court Lawyers' Welfare Fund within a period of 6 weeks from today. However, it is made clear that in case the petitioner does not deposit the said amount of ₹ 30,000/- within the aforesaid period then the present criminal revision would be deemed to have been dismissed. Since, the main case has been decided, application bearing CRM-36741-2021 for suspension of sentence of applicant-petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by the Additional Sessions Judge, Rupnagar vide which the said conviction and sentence awarded to the petitioner had been upheld. The brief facts of the case are that respondent No.1 had filed a complaint under Section 138 of the Act of 1881 on account of the fact that cheque amounting to ₹ 2,00,000/- dated 30.06.2016 issued by the petitioner was dishonoured with the remarks insufficient fund and thereafter respondent No.1 had served the petitioner with notice under Section 138 of the Act of 1881 vide registered A.D. on 21.07.2016 and in spite of the said service of notice, the payment was not paid within the statutory period, hence, the complaint was filed. The Judicial Magistrate Ist Class, Rupnagar, after considering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the Act, Chakk had filed a case against the State Bank of Patiala Branch Chamkaur Sahib for a total amount of ₹ 2,00,000/- in this Hon'ble Court of Sh. Aneesh Goyal, JMIC, Roopnagar passed of one year SI and a fine of ₹ 10,000/- and a simple sentence of three months in case of non-payment. 2) That the other party in the court of Hon'ble Additional Sessions Judge, Rupnagar against the above order filed CRL Appeal no.175/26.07.2018 which is estimated to be Amarjit Singh v. Amarjit Kaur. However, the appeal was dismissed on 28.09.2021 and the order of the lower Court was upheld. 3) That now they have reached an agreement, the parties want to reduce their differences in the hope of a better future. 4) Tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hib, Tehsil Sri Chamkaur Rupnagar Sahib, Dist The other side Sd/- Amarjit Singh son of Shurta Ram, resident of village Man Majra Road, Tehsil Complex Shi Chamkaur Sahib, Tehsil Shri Chamkaur Sahib, District Rupnagar, Hallabad District Jail, Rupnagar, Bajria through his friend Sandeep Sharma son of Sadhu Ram Sharma, resident of house no.152, Ward No.4, Morinda, Tehsil Morinda, District Rupnagar Witness first party xx Sd/- Witness the other party XX Sd/- Stamp of NOTARY A perusal of the above compromise would show that it has specifically been stated by the complainant that there is no balance left towards the petitioner and the petitioner has repaid the amount due. It is further stated that the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. It is also relevant to state that the petitioner has already undergone custody of 21 days out of the total sentence of 01 year of simple imprisonment. A Coordinate Bench of 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is genuine and valid. Keeping in view the abovesaid facts and circumstances, judgment of conviction dated 24.07.2018, order of quantum of sentence dated 24.07.2018 passed by the Judicial Magistrate Ist Class, Rupnagar and judgment of the Additional Sessions Judge, Rupnagar dated 28.09.2021 are set aside and the present criminal revision is allowed in terms of the compromise and the petitioner is acquitted of the charges framed against him. The petitioner is directed to deposit an amount of ₹ 30,000/- being 15% of the cheque amount with the High Court Lawyers' Welfare Fund within a period of 6 weeks from today. However, it is made clear that in case the petitioner does not deposit the said amount of ₹ 30,000/- within t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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