SEWA SINGH Vs. JOGINDRA SINGH

JUDGEMENT

(1.) Accused-Revisionist was convicted under Section 138 Negotiable Instruments Act, 1881 and was directed to undergo rigorous imprisonment for two months along with a fine of Rs. 3,00,000/- vide order dated 05.05.2014 passed by Special Judicial Magistrate, Kashipur, District- Udham Singh Nagar. Aggrieved against the same, the convict preferred a Criminal Appeal No. 154/2014, which was dismissed by learned 1st Additional Sessions Judge, Udha Singh Nagar, vide order dated 19.07.2016. The order dated 05.05.2014 passed by learned Trial Court was affirmed. In other words, the conviction and sentence awarded to the convict was upheld. Still aggrieved against the same, present Criminal Revision is preferred by the convictrevisionist.

(2.) A Compounding Application being CRMA No. 1200 of 2016 has been filed on behalf of the parties to indicate that they have buried their differences and have settled their disputes amicably. Compounding application is supported by the affidavits of the revisionist and complainant. Complainant Joginder Singh is present in person before the Court, duly identified by his counsel Mr. Harshpal Sekhon, Advocate. He says that he is in receipt of the sum due, which has been paid by the revisionist to him. He also says that he is not interested in prosecuting the revisionist. All that he prays is that, since a compounding has taken place between him and the revisionist, therefore, the order directing conviction and sentence to the revisionist be set aside. Revisionist Sewa Singh is also present in person duly identified by his counsel Mr. Balvinder Singh, Advocate. The revisionist affirms in the open Court what is stated by the complainant Joginder Singh.

(3.) The accused-revisionist says that he is ready to deposit 15 % of the cheque amount in the account of Uttarakhand State Legal Services Authority, as per the dictum of Hon'ble Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 AIR(SC) 1907.