ROHIT Vs. SUBHASH CHAUDHARY

JUDGEMENT

(1.) Prayer in this petition is for setting aside the judgment of conviction dated 01.03.2019 and order of sentence of the even date, passed by the trial Court, vide which, the petitioner was held guilty for commission of offence punishable under Section 138 of the Negotiable Instruments Act ( for short N. I. Act) and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a compensation of Rs. 1,00,00,000/- (Rupess one crore) to the complainant under the provisions of Section 143(1)(proviso) of the N.I. Act read with Section 357(1)(3) Cr.P.C. within a period of two months from the date of passing the order; as well as the judgment dated 01.07.2019, vide which, the appeal filed by the petitioner challenging the aforesaid judgment of conviction and order of sentence was dismissed by the lower appellate Court.

(2.) The lower appellate Court, while dismissing the appeal of the petitioner, has passed the following order:

(3.) Learned counsel for the petitioner has argued that even if some talks of compromise was going on during the pendency of the appeal and on account of an undertaking given by the petitioner before the lower appellate Court and having failed to abide by the same, the lower appellate Court could not have dismissed the appeal and should have adjudicated the case on merits as the complainant had a separate remedy for the violation of the undertaking, if any, on the part of the petitioner.