Dharampal v. and another State of Punjab and another
Case Details
IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH 148 CRR-1962 1962-2008 (O&M) Date of decision: 26.11.2025 Date of decision: Dharampal ...Petitioner VERSUS and another State of Punjab and another ...Respondents
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- None None for the petitioner. Mr. Mohit Kapoor, Sr.DAG, Punjab. Mr. Mohit Kapoor, Sr.DAG, Punjab. Mr. Mohit Kapoor, Sr.DAG, Punjab. H.S. Randhawa, Advocate, for respondent No.2. Mr. H.S. Randhawa, Advocate, for respondent No.2. Mr. ***** VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ The instant revision petition has been The instant petition has been preferred against the onal Chief Judicial Magistrate, judgment dated 25.02.2004 passed by Additional Chief Judicial Magistrate, judgment dated 25.02.2004 passed by Addit Ferozepur, whereby the petitioner had been convicted for commission of Ferozepur, whereby the petitioner had been convicted for commission of Ferozepur, whereby the petitioner had been convicted for commission of offence under Section 138 of the Negotiable Instruments Act and was offence under Section 138 of the Negotiable Instruments Act and was offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for a period of 02 years along with sentenced to undergo simple imprisonment for a period of 02 years along with sentenced to undergo simple imprisonment for a period of 02 years along with the fine of Rs.1,00,000/ . Further challenge is to the judgment dated 02.09.2008 of Rs.1,00,000/-. Further challenge is to the judgment dated 02.09.2008 passed by the Additional Sessions Judge, Ferozepur, whereby the appeal was passed by the Additional Sessions Judge, Ferozepur, whereby the appeal was passed by the Additional Sessions Judge, Ferozepur, whereby the appeal was dismissed. 2. Vide order dated 03.10.2008, the petitioner was directed to deposit Vide order dated 03.10.2008, the petitioner was directed to deposit Vide order dated 03.10.2008, the petitioner was directed to deposit Rs.75,000/- out of the out of the total fine of Rs.1,00,000/ fine of Rs.1,00,000/- imposed upon him. The receipt with respect to deposit of the same was produced before this Court and receipt with respect to deposit of the same was produced before this Court and receipt with respect to deposit of the same was produced before this Court and was placed on record and vide order dated 23.10.2008, the sentence awarded was placed on record and vide order dated 23.10.2008, the sentence awarded to the petitioner was suspended. The said order reads the petitioner was suspended . The said order reads thus::- has been sentenced “The petitioner has been sentenced “The petitioner to undergo simple to undergo simple two years and to pay fine of Rs. 1 lakh after imprisonment for two years and to pay fine of Rs. 1 lakh after imprisonment for having been convicted under Section 138 of the Negotiable having been convicted under Section 138 of the Negotiable having been convicted under Section 138 of the Negotiable SUMIT SINGH GUSAIN 2025.12.02 17:57 I attest to the accuracy and integrity of this document 148 CRR-1962-2008(O&M) CRR 2 Instruments Act. Out of the amount of fine, Rs.75,000/- were Instruments Act. Out of the amount of fine, Rs.75,000/ Instruments Act. Out of the amount of fine, Rs.75,000/ o be paid to the complainant as compensation under ordered to be paid to the complainant as compensation under ordered t Section 457 of the Code of Criminal Procedure. The petitioner Section 457 of the Code of Criminal Procedure. The petitioner Section 457 of the Code of Criminal Procedure. The petitioner out of the amount of fine of Rs.1 lakh has deposited Rs.75,000/- out of the amount of fine of Rs.1 lakh has deposited Rs.75,000/ and copies of two receipts in this regard, issued by the Additional and copies of two receipts in this regard, issued by the Additional and copies of two receipts in this regard, issued by the Additional icial Magistrate, Ferozepur, have been placed on Chief Judicial Magistrate, Ferozepur, have been placed on Chief Jud record. The petitioner is in custody since 2.9.2008. record. The petitioner is in custody since 2.9.2008. Hearing of the revision petition will revision petition will revision petition will take considerable take considerable take considerable time. Under time. Under time. Under the the the circumstances, the sentence of the petitioner is suspended during circumstances, the sentence of the petitioner is suspended during circumstances, the sentence of the petitioner is suspended during this revision petition subject to his furnishing the pendency of this revision petition subject to his furnishing the pendency of requisite bonds requisite bonds requisite bonds to to to the satisfaction of the satisfaction of the satisfaction of the Chief Judicial the Chief Judicial the Chief Judicial Magistrate, Ferozepur. Magistrate, Ferozepur. A copy of the order be given Dasti'.” A copy of the order be given Dasti'.” 3. Learned State Counsel, on verification, informs this Court that Learned State Counsel, on verification, informs this Court that Learned State Counsel, on verification, informs this Court that petitioner-Dharamp al has since then died on 04.01.2023 and the same was duly Dharampal has since then died on 04.01.2023 and the same was duly registered with the Department of Health Services on 1 registered with the De partment of Health Services on 16.01.2023. 4. In view of the same, the present revision petition would abate In view of the same, the present revision petition would abate In view of the same, the present revision petition would abate insofar as the conviction of the petitioner is concerned. At this stage, counsel insofar as the conviction of the petitioner is concerned. At this insofar as the conviction of the petitioner is concerned. At this for the respondent-complainant points out that an amount of Rs.75,000/ for the respondent complainant points out that an amount of Rs.75,000/- having already been deposited in the Court of Additional Chief Judicial Magistrate, already been deposited in the Court of Additional Chief Judicial Magistrate, already been deposited in the Court of Additional Chief Judicial Magistrate, Ferozepur, in compliance to the orders passed by this Court, be ordered to be Ferozepur, in compliance to the orders passed by this Court Ferozepur, in compliance to the orders passed by this Court ed in his favour. released in his favour. 5. The aforesaid prayer of The aforesaid prayer of The aforesaid prayer of the counsel for the counsel for the counsel for the respondent- the respondent the respondent complainant is accepted. Hence, while directing abatement of the present complainant is accepted. Hence, while directing abatement of the present complainant is accepted. Hence, while directing abatement of the present revision petition, the Court of Additional Chief Judicial Magistrate, Ferozepur revision petition, the Court of Additional Chief Judicial Magistrate, Ferozepur revision petition, the Court of Additional Chief Judicial Magistrate, Ferozepur which was deposited by the is directed to release the sum of Rs.75,000/- which was deposited by the is directed to release th petitioner in favour of respondent No.2 details whereof are mentioned in in favour of respondent No.2, the details whereof are mentioned in 23.10.2008 reproduced above. the order dated 23.10.2008 reproduced above. 7.
Decision
The present petition is disposed of being abated The present petition is being abated. SUMIT SINGH GUSAIN 2025.12.02 17:57 I attest to the accuracy and integrity of this document 148 CRR-1962-2008(O&M) CRR 8. Pending application(s), if any, shall also stand disposed of. Pending application(s), if any, shall also stand disposed of. Pending application(s), if any, shall also stand disposed of. 3 26.11.2025 Sumit Gusain (VINOD S. BHARDWAJ) (VINOD JUDGE Whether speaking/reasoned speaking/reasoned reportable Whether reportable : : Yes/No Yes/No SUMIT SINGH GUSAIN 2025.12.02 17:57 I attest to the accuracy and integrity of this document