BHAGIRATH Vs. FIROZ

JUDGEMENT

(1.) Present revision has been filed against judgment dtd. 14/08/2019 passed by Judicial Magistrate First Class, Kukshi, Distt. Dhar, whereby applicant has been convicted under Sec. 138 of Negotiable Instruments Act, 1881 and sentenced him to under 06 months rigorous imprisonment with fine of Rs.1,62,350.00. Against the aforesaid order, he preferred a Criminal Appeal No.37/2019 before the II Additional Sessions Judge, Kukshi, Distt. Dhar and vide judgment dtd. 13/11/2021 appellate Court has dismissed the appeal confirming the aforesaid conviction, sentence and fine. Hence, the present revision before this Court.

(2.) Present revision is filed along with a compromise deed and according to which entire amount of Rs.1,62,350.00 has been paid by way of cheque. Learned counsel for the applicant submits that cheque has been encahsed and the complainant has received the amount. He has no objection if the jail sentence is reduced to the period already undergone, as there is no minimum sentence provided under the Negotiable Instruments Act, 1881.

(3.) Since the parties are entering into compromise at the stage of revision, therefore, law laid down by the apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in (2010) 5 SCC 663 will apply. Paragraph No.21 of the aforesaid judgment is reproduced as under:-