NEW SHIV GANGE TIMBER Vs. UTTAM ASSOCIATES

JUDGEMENT

(1.) The petitioners seek quashing of Criminal Complaint No.3405 dated 14.6.2011 titled as 'M/s Uttam Associates Vs. M/s New Shiv Gange Timber and another' and also judgment dated 5.8.2014 (Annexure P-2) vide which the petitioner was held guilty by learned Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri for having committed an offence punishable under Section 138 of Negotiable Instruments Act and also order dated 6.12.2014 (Annexure P-4) passed by learned Additional Sessions Judge in the capacity of Presiding Officer, National Lok Adalat, Yamuna Nagar at Jagadhri, wherein the conditional order was to the effect that the judgment of conviction would stand set aside in case the petitioner pays the agreed amount of Rs. 1.5 lakhs upto 6.2.2015, failing which his appeal shall stand dismissed.

(2.) However, since the aforesaid amount of of Rs. 1.5 lakhs was not paid by the petitioner, the learned Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri vide order dated 15.11.2019, while noticing the aforesaid factual position, ordered for arrest of the petitioner so as to undergo remaining sentence.

(3.) The learned counsel for the petitioners has submitted that it was on account of extreme financial hardship that the petitioner could not pay the agreed amount and that with great difficulty the petitioner has been able to collect an amount of Rs. 1.35 lakhs, which he has paid to the complainant and who, keeping in view the financial constraints of the petitioner, has accepted the said amount of Rs. 1.35 lakhs as against the settled amount of Rs. 1.5 lakhs.