Karnail Singh vs State of Punjab

Ranjit Singh, J.—The petitioner seeks quashing of order dated 8.6.2010 passed by the revisional Court, whereby his appeal has been dismissed by treating the same as revision against the orders passed by the Judicial Magistrate, Ist Class, Barnala, reviewing the earlier order. The petitioner stood surety in the sum of Rs. 20,000/- for one Baldev Singh, who was being prosecuted u/s 138(B) of the Negotiable Instruments Act. Said Baldev Singh absented and accordingly, the petitioner was imposed a penalty of Rs. 20,000/-. It was a guarantee for surety furnished by the petitioner. The petitioner could not pay the amount and accordingly, had undergone the imprisonment of one month. The order passed by the Judicial Magistrate, Ist Class, Barnala, imposing the penalty of Rs. 20,000/- under Sections 446 Cr.P.C. was made in alternative and in case of default of payment of the said amount, the petitioner was to undergo imprisonment for one month.

Once the petitioner has undergone the alternative punishment of one month custody, warrant, which was issued for execution of this amount, obviously cannot be sustained. Additional reason is that the parties, who were litigating in this case, have compromised and the complaint has been dismissed on the basis of said compromise.

In view of this position, the impugned order issuing recovery warrant (Annexure P-4) cannot be sustained and is hereby quashed. The petition is, accordingly, disposed of.