AJEEM MOHAMMAD Vs. MOHAMMAD SAMSHER KHAN

JUDGEMENT

(1.) With the consent of parties, the matter is heard finally. The applicant has filed this revision petition against the judgment of conviction and order of sentence dated 07.04.2015 passed by 11th Additional Sessions Judge, Bhopal in Criminal Appeal No.668/2014 dismissing the appeal filed by the applicant against the judgment of conviction and order of sentence dated 11.06.2014 passed by Judicial Magistrate, First Class, Bhopal in Cri. Case R.T.No.6765/2012, whereby the applicant has been convicted for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced to undergo rigorous imprisonment for one year with compensation of Rs.1,75,000/- , with default stipulation.

(2.) The facts in short of the case are that the applicant/accused took a loan of Rs.1,50,000/- from the complainant and in lieu of the amount, the applicant/accused given a cheque bearing No.295556 dated 03.05.2012 of Rs.1,50,000/- of Bank of India, which on presentation got dishonoured. The complainant filed a private complaint before the trial Court and the trial Court after appreciation of evidence, convicted the applicant/accused as mentioned hereinabove. The applicant/accused filed an appeal before the Sessions Court and learned Sessions Judge dismissed the appeal and upheld the conviction passed by learned trial Court, hence, this revision.

(3.) During the pendency of this Revision, applicant and respondent entered into a compromise and filed an application for 17832/2015 for permission of compromise and for compounding the offence.