SUNIL GUPTA Vs. KAMAL KANT

JUDGEMENT

(1.) This is a revision petition filed by the petitioner against the order dated 06.2.2008 passed by learned Additional Sessions Judge, Karkardooma Court, Delhi by virtue of which two criminal appeals bearing Nos. 29/2006 and 30/2006 titled as Kamal Kant v/s. Sunil Gupta were treated as disposed of in terms of settlement arrived at between the parties although the learned MM had sentenced the respondent to simple imprisonment of two years and a fine of Rs. 5,000/ -.

(2.) Briefly stated the facts leading to the filing of the present revision petition are that the present petitioner filed two complaints cases Under Sec. 138 of the Negotiable instruments Act, 1881 on account of dishonour of cheques. It has been stated by the learned Counsel for the petitioner that in one case, the cheque amount was Rs. 1,40,000/ - and in the other case, the cheque amount was Rs. 1,20,000/ -. The respondent after having been found guilty of the offence in both the cases was sentenced to SI of two years and a fine of Rs. 5,000/ - and in default of payment of the said fine, further SI of 30 days.

(3.) The complainant namely the petitioner herein was also granted the benefit of compensation to the extent of Rs. 2,60,000/ -. This order of sentence was passed on 26.9.2006.