BIJENDER KUMAR Vs. VIJAY KUMAR GUPTA

JUDGEMENT

(1.) Crl.M.A No15184/2015

(2.) The petitioner has invoked the revisional jurisdiction of this Court challenging the judgment and order of conviction dated 18.02.2015/07.03.2015 whereby the learned Magistrate has convicted the petitioner under Section 138 of Negotiable Instruments Act, 1881 (for short "NI Act?) and has sentenced him to undergo simple imprisonment for one year and to pay a compensation of Rs.18,000/- under Section 357(3) of the Code of Criminal Procedure and in default of payment of fine, to suffer further Simple Imprisonment for a period of six months; as also the judgment and order passed in appeal dated 01.10.215 passed by the Special Judge/CBI-02, (P.C.Act), North-West District, Rohini Courts whereby the judgment of conviction by the Trial Court has been upheld and the sentence has been reduced from one year Simple Imprisonment to simple imprisonment for a period of 15 days and to pay compensation amount of Rs.18,000/- and in default of payment of the same, Simple Imprisonment for 7 days.

(3.) After the conviction of the petitioner, an agreement was entered into between the petitioner and respondent on 05.10.2015 wherein the petitioner has agreed to pay a sum of Rs.3,50,000/- out of the total award amount of Rs.3,59,000/- to the respondent on the condition that he would cooperate with the petitioner in securing acquittal of the petitioner. The aforesaid amount has been agreed to be towards full and final settlement of the claims of the respondent. The agreement further indicates that in cases where the petitioner has been acquitted and where the respondent has preferred an appeal against the acquittal, the same shall be withdrawn.