CIVIL APPEAL None on 2 May 2001

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Crl.A No.368-DBA of 1995

DATE OF DECISION: September 4, 2009

STATE OF PUNJAB

VERSUS

...APPELLANT

PAWAN KUMAR AND OTHERS

...RESPONDENTS

CORAM:HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA.HON'BLE MR. JUSTICE MOHINDER PAL.

PRESENT: MR. A.S. GREWAL, ADDL.A.G. PUNJABFOR THE APPELLANT.

MR. H.S. GILL, SR.ADVOCATE WITH MR. G.S. SIDHU, ADVOCATE

MR. H.S. SANGHA, ADVOCATE

MR. VIKRAM CHAUDHARY, ADVOCATE

MR. GULSHAN SHARMA, ADVOCATE

IN CRL.A. NO.366-DBA TO 374-DBA OF 1995.

ASHUTOSH MOHUNTA, J.(ORAL)

The State of Punjab has challenged the judgement dated26.9.1994, passed by the Judicial Magistrate Ist Class, Abohar vide whichthe respondents were acquitted of the charges under Section420/467/471/120-B IPC.

Counsel for the respondents Mr. H.S. Gill, Sr. Advocate andSh. Gulshan Sharma, Advocate have submitted that an appeal on similarissue and set of facts bearing Crl.A. No.276-DBA of 1995 titled asState ofPunjabvs.Pawan Kumar and others, i.e. between the same parties came upfor hearing before a Division Bench of this Court and the Division Bench dismissed the appeal filed by the State of Punjab vide judgement dated14.2.2007. Copy of the judgement passed by the Division Bench in theabove case has been placed on record. Mr. Gill, further submits that duringthe pendency of this appeal, the respondents have entered into acompromise with the complainant-Bank and they have paid the entire duesto the Bank. In this regard, compromise dated 2.5.2001 and 26.3.2003, havealready been placed on record in connected Crl.A. No.366-DBA of 1995.

As the facts and the issue involved in the present appeal aresimilar to Crl.A.No.276-DBA of 1995 decided on 14.2.2007, therefore, thisappeal is dismissed in same terms and reasons asState of Punjabvs.PawanKumar and others(supra).

(ASHUTOSH MOHUNTA) JUDGE

September 4, 2009 Gulati

(MOHINDER PAL)JUDGE