Criminal Revision No. 1056 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1056 of 2009 Date of Decision: 8.5.2009 Om Parkash …Petitioner Versus Ishant …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. C.B. Goel, Advocate for the petitioner. Mr. Sumeet Goel, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner Om Parkash was tried in a complaint instituted by Ishant, respondent. In the complaint, case set out by, Ishant, respondent, was that in discharge of liability, petitioner had issued a cheque No. 709414 dated 8.5.2005 for a sum of Rs.2,00,000/- drawn on State Bank of Patiala, New Grain Market, Kaithal. The cheque was presented. It bounced. Statutory legal notice was issued. Accused failed to pay the amount. Thereafter, the complainant filed a complaint in which the trial Court found petitioner guilty of offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/-, in default Criminal Revision No. 1056 of 2009 2 whereof to further undergo simple imprisonment for ten days. The trial Court further directed petitioner to pay Rs.1,00,000/- as compensation under Section 357(3) Cr.P.C. Aggrieved against the order of trial Court, petitioner had filed an appeal. The Sessions Court upheld the conviction and sentence awarded upon the petitioner. Hence, the petitioner has approached this Court by filing the present revision petition. Notice of motion was issued on 28.4.2009. Mr. Sumeet Goel, Advocate, appearing for the complainant, at the outset has stated that by sending the petitioner behind the bars, no useful purpose will be served as complainant is only interested in receiving the amount of cheque. The argument advanced by Mr.Sumeet Goel, Advocate, was immediately accepted by Mr. C.B. Goel, Advocate, appearing for the petitioner. During the course of arguments, following broad consensus, was arrived between the parties:- a) Accused/petitioner shall pay amount of Rs.2,10,000/- to the complainant in two instalments. On payment of first instalment of Rs.1,05,000/-, petitioner shall be released on probation; b) Thereafter, second instalment of Rs.1,05,000/- will be paid within two months. Criminal Revision No. 1056 of 2009 3 c) At the time, when petitioner is released on probation, on deposit of first instalment, he shall give an undertaking to the Court that remaining amount of Rs.1,05,000/- shall be deposited in the Court within two months. The undertaking shall also contain a condition that in case subsequent amount of Rs.1,05,000/- is not paid, the benefit of probation shall be withdrawn and petitioner shall undergo his entire sentence and the orders passed by the two Courts below shall remain in force. This Court is of the view that due sanctity ought to be granted to the consensus arrived between counsel for the parties. Accordingly, it is ordered that on deposit of Rs.1,05,000/-, petitioner shall be released on probation for a period of one year, subject to his executing an undertaking in terms specified above. In case subsequently, remaining amount of Rs.1,05,000/- is not paid within two months petitioner shall undergo the entire sentence awarded by two Courts below and complainant shall also be entitled to payment of compensation. However, in case petitioner deposit the amount of Rs.2,10,000/- in two instalments as mentioned above, petitioner will not be liable to pay any other amount specified as compensation. The amount, on deposit, be disbursed to the complainant. Criminal Revision No. 1056 of 2009 4 With the aforesaid observations, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 8, 2009 “DK”