UDAY P DESAI Vs. SUNIL RAMU GURAV

JUDGEMENT

(1.) HEARD learned Counsel on behalf of the parties.

(2.) THE petitioner herein is an accused. This revision is filed by him against the Order dated 30.11.2005 of the learned Sessions Judge, who has upheld the conviction and sentence imposed upon the accused under Section 138 of the Negotiable Instruments Act, 1881. The accused has been sentenced to undergo two months SI and to pay a compensation of Rs.60,000/and in default to undergo additional simple imprisonment for one month.

(3.) ON behalf of the accused, it is stated that a sum of Rs.37,000/was due to be paid to the Complainant at the time of filing this revision, the balance amount having already been paid. On behalf of the Complainant, it is stated that in case the accused pays an amount of Rs.20,000/, the Complainant is prepared to compound the offence. Parties agree that in case the accused pays the balance amount of Rs.20,000/within a period of 45 days from today, the Complainant will not require the accused to undergo the sentence imposed by the learned J.M.F.C. In the light of that, the accused is required to pay to the Complainant the said sum of Rs.20,000/within a period of 45 days. It is made clear that no extension would be granted. On the failure of the accused to pay the said sum of Rs.20,000/within the stipulated time, the learned Magistrate will be at liberty to execute the sentence imposed. In case the payment is made, the offence shall stand compounded and the accused acquitted.