High Court of Punjab and Haryana, Chandigarh
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KULWINDER SINGH v. STATE OF PUNJAB - CRM-28568-M-2005  RD-P&H 1422 (3 March 2006)
CRL. MISC. NO. 28568-M OF 2005
DATE OF DECISION: 17.03.2006
STATE OF PUNJAB
CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
PRESENT: Mr B.S. Bhalla, Advocate,
for the petitioner.
Mr G.S. Bhandari, DAG, Punjab.
This petition has been filed for quashing on the ground that the amount due has been paid. This fact has not been disputed in the reply filed by DSP, Dharmkot.
Counsel for the petitioner points out that the offence will not fall under section 409 IPC, as the petitioner was not public servant. Counsel for the State also does not dispute this.
Accordingly, the offence will be treated to be under section 406 IPC.
Since the offence is compoundable, the petitioner will be at liberty to seek compounding, if the complainant joins for compounding.
The petition is disposed of. The petitioner will be granted exemption from personal appearance by the trial court subject to appropriate conditions.
March 17, 2006 ( ADARSH KUMAR GOEL )
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