SUKHWANT SINGH Vs. GURPREET SINGH GILL

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of Cr.P.C. for quashing of Criminal Complaint No.27 dtd. 19/7/2011 (Annexure P-1) under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act of 1881") titled as Gurpreet Singh Vs. Sukhwant Singh as well as judgment of conviction and order of sentence dtd. 6/4/2015 (Annexure P-2) passed by the Judicial Magistrate Ist Class, Gidderbaha, vide which the petitioner was convicted and sentenced under Sec. 138 of the Act of 1881 for a period of two years rigorous imprisonment and fine of Rs.5000.00 was also imposed upon him and in case of default of payment of fine, further one month rigorous imprisonment was ordered as well as order of warrant of arrest dtd. 17/5/2016 (Annexure P-3) passed by the Additional Sessions Judge, Sri Muktsar Sahib and all the subsequent proceedings arising therefrom in view of the fact that the matter has been compromised.

(2.) That the first party registered a F.I.R. No.83 dtd. 12/8/2021 U/s 420/34 IPC against the second party at Police Station, Kotbhai (Case No.437/2014, 109/2015, 14/2018). In this case, the second party, Sukhwant Singh was awarded the punishment. In addition to this, one case of Cheque U/s 138 of Negotiable Instrument Act was filed by the first party against the second party, in which also, the second party was awarded the punishment and the title of the same is Gurpreet Singh Versus Sukhwant Singh.

(3.) That now, the respected persons got a compromise held between both the parties and this compromise has been made regarding ending the further litigation and for living with peace from further. This compromise has been held for a sum of Rs.3.00Lacs ( Rupees Three Lacs). In this regard, the second party, Sukhwant Singh, through his father, Gurnam Singh, has given Rs.3.00 Lacs (Rs.300000.00.00) through Demand Draft dtd. 16/11/2021 bearing No. 044115, 000002000:000396 in the name of the first party- Gurpreet Singh by getting the same prepared by Gurnam Singh, father of the second party-Sukhwant Singh and it has been prepared from the State Bank of India. Till then, this Bank Draft is not encashed in the Account of the first party, the compromise will be considered as cancelled and at the time when this Bank Draft will be cashed in favour of the first party-Gurpreet Singh, tent he first party will be bound to give the Statement in favour of the second party in the above said cases in the Ld. Court. If, due to any reason, the first party could not come to give the statement in the court, then in his absence, this compromise will be admissible in the court. This compromise has been held in lieu of the total amount of the above said Rs.3.00 Lacs (Rs.300000.00). After this, the first party will not submit any other claim and he has been given his due right. These amount of Rs.3.00 Lacs (Rs.300000.00/-) will be treated as full and final settlement and the first party will not be entitled to take any other amount, except the above said, from the Second party.