JAMNA AGARAWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT criminal revision has been filed on behalf of the revisionist being aggrieved against the judgment and order dated 14.07.2011, passed in criminal appeal no. 145 of 2010, by learned Addl. Sessions Judge, Haridwar. Accused -revisionist Smt. Jamna Agarwal was convicted under Section 138 of the Negotiable Instruments Act, 1881, and was directed to undergo simple imprisonment for one year alongwith a fine of Rs. 3,000/ -, by the trial court. She was also directed to compensate the complainant by paying a sum of Rs. 1,10,000/ - within 30 days of the passing of order, i.e., 16.09.2010. Learned lower appellate court modified the said order of the trial court by directing the accused -revisionist to pay Rs. 70,000/ - to the complainant, failing which she will be liable to undergo simple imprisonment for six months. The order whereby the revisionist was directed to undergo simple imprisonment for one year alongwith a fine of Rs. 3,000/ - was kept intact. As per judgment dated 14.07.2011 of learned lower appellate court, the convict -revisionist deposited Rs. 3,000/ - (fine) in the trial court.

(2.) A miscellaneous application, being CRMA no. 1953 of 2013, has been filed by the parties to indicate that they have settled their dispute amicably. Said application is supported by the affidavits of Jamna Agarwal (revisionist herein) and respondent no. 2 Vinod Kumar (complainant).

(3.) LEARNED counsel for complainant Vinod Kumar stated that the complainant is ready to compound the offence punishable under Section 138 of the Negotiable Instruments Act. Learned counsel further stated that the dispute has been settled amicably between the parties. Nothing outstanding is left against the revisionist and, therefore, present criminal revision be decided in the light of amicable settlement between the parties.