NASIR Vs. KALUSINGH AND ANOTHER

JUDGEMENT

(1.) Heard on I.A. No. 6386 & 6387 of 2011, an application under Section 147 of the Negotiable Instruments Act, 1881 and Section 320 (2) of the Cr.P.C.

(2.) The applicant and the non-applicants have arrived at a settlement and prayed for compounding of the offence as contemplated by Section 147 of the Act.

(3.) It is submitted that there was a loan transaction between the parties and in furtherance to that transaction a cheque amount to L 60,000/- was issued to the non applicants which were dishonored and, therefore, the complaint was lodged by the non-applicant under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act'). After trial the learned trial Court vide order dated 9.11.2009, passed in Criminal Case No.5979/06 convicted the applicant under Section 138 of the Act and sentenced to SI for one year with fine of L 10,000/- . By the impugned judgment the appeal filed against the said judgment has been dismissed