LAWS(P&H)-2011-3-656

RAMA SHANKAR Vs. STATE OF PUNJAB

Decided On March 14, 2011
RAMA SHANKAR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS is a petition under Section 482 Code of Criminal Procedure read with Section 320 Code of Criminal Procedure, Section 147 of the Negotiable Instruments Act for allowing the parties to compound the offence and for quashing the complaint No. 115 dated 12.11.2005 and subsequent proceedings arising out of the same.

(2.) FACTS , in brief, are that the Respondent filed a complaint under Section 138 of the Negotiable Instruments Act alleging therein that the Petitioner had taken a loan of Rs. 90,000/ - and the same was not returned. After recording of the evidence, learned Judicial Magistrate vide judgment dated 21.09.2007 convicted and sentenced the Petitioner to undergo RI for 2 years and also imposed a fine of Rs. 5000/ -. Thereafter, the Petitioner preferred an appeal against the conviction order. However, the same was dismissed vide judgment dated 05.11.2009 passed by the learned Additional Sessions Judge, Sangrur. The Petitioner had also approached this High Court vide CRR No. 3137 of 2009. However, the said revision petition was dismissed vide order dated 08.12.2009. After upholding the order of conviction and sentence by this High Court, the Petitioner and Respondent entered into compromise and the Petitioner paid the entire amount due to the Respondent.

(3.) ADMITTEDLY , no Special Leave Petition has been filed by the Petitioner.