NATVAR LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision petition against the conviction of the accused-petitioner under Section 138 of the Negotiable Instruments Act (hereinafter referred to be as "the Act"). The petitioner has been convicted and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-, in default thereof to further undergo R.I. for one month.

(2.) A complaint was filed by the complainant-respondent against the petitioner on the allegations that the petitioner issued a cheque No. 0011900 dated 25th April, 2007 for Rs. 50,000/- in favour of the complainant-respondent. However, the said cheque was dishonoured due to insufficient funds in the account. A trial ensued. The petitioner was convicted and sentenced to undergo R.I. for six months and to pay a fine of Rs. 1000/- by Judicial Magistrate Ist Class, Phagwara, vide judgment of conviction and order of sentence dated 14th October, 2009 and his appeal was also dismissed by the Additional Sessions Judge, Kapurthala, vide judgment dated 25th November, 2010.

(3.) Learned counsel for the petitioner submits that during the pendency of this revision petition, a compromise has been arrived at between the petitioner and respondent (complainant), and the complainant has agreed to settle the claim regarding the cheque in question with the petitioner. Learned counsel for the petitioner further submits that the petitioner has already paid back the cheque amount to the respondent No. 2 as full and final settlement of his claim and in view of judgment reported as Damodar S. Prabhu v. Sayeed Babalal, 2010 2 RCR(Cri) 851, an amount of Rs. 7500/- has been deposited with Punjab State Legal Services Authority, Chandigarh, vide receipt No. 168663 dated 10th December, 2010. Photo copy of receipt showing the payment of Rs. 7500/- (15% of the cheque amount) to Punjab State Legal Service Authority is placed on record as Mark 'B'.