Jog Dhyan vs Uco Bank

Gurvinder Singh Gill, J

The petitioner assails the judgment dated 29.02.2020 passed by the learned Additional Sessions Judge, Karnal, whereby his appeal challenging the

judgment of conviction dated 13.07.2017 and order of sentence dated 14.07.2017 rendered by learned Judicial Magistrate Ist Class, Karnal convicting

him for an offence under Section 138 of the Negotiable Instruments Act, 1881, has been dismissed.

The instant case pertains to dishonor of a cheque for an amount of Rs.9,07,181/-, which had been issued by the petitioner towards repayment of the

loans raised by him from the respondent/Bank.

On the last date of hearing, learned counsel for the petitioner had represented that the entire payment due to the respondent/Bank has already been

paid and that the Bank somehow had not issued the ‘No Due Certificate’.

Today, Mr. Sumit Narang, Advocate, has put in appearance on behalf of the respondent/Bank and has categorically stated that the entire account

stands settled amongst the parties and that nothing is due to be paid to the respondent/Bank by the petitioner as per the settlement effected amongst

them and that he has no objection in case the petition is accepted and the petitioner is acquitted of all the charges framed against him.

In view of the aforestated categoric statement made by Mr. Narang, the instant petition is accepted as having been compromised and fully settled.

Consequently, the impugned judgment dated 29.02.2020 passed by the learned Additional Sessions Judge, Karnal and also the judgment of conviction

dated 13.07.2017 and order of sentence dated 14.07.2017 passed by learned Judicial Magistrate Ist Class, Karnal, are hereby set aside and the

petitioner is acquitted of all the charges framed against him.

Bail bonds, if any, shall stand discharged.

Since main revision stands accepted, no orders are required to be passed in the application for suspension of sentence i.e. CRM-1261-2021.