NIRMAL SINGH Vs. PRITPAL SINGH

JUDGEMENT

(1.) CONVICT Nirmal Singh has filed this revision petition assailing his conviction and sentence recorded by the Courts below in criminal complaint instituted by respondent-complainant Pritpal Singh. Petitioner stands convict under Section 138 of Negotiable Instruments Act, 1881 and has been sentenced to undergo rigorous imprisonment for three months and to pay fine of Rs.1,000.00. The fine amount was paid.

(2.) VIDE order dated 06.02.2013 conviction of the petitioner was upheld and notice of the revision petition was issued re: quantum of sentence only, on submission of counsel for the petitioner that the petitioner is ready to pay the cheque amount (Rs.16,000.00) with reasonable amount of interest to the respondent-complainant.

(3.) COUNSEL for respondent, however, pointed out that petitioner's father Gurnam Singh has lodged FIR No.139 dated 15.10.2010 against the respondent-complainant regarding the same cheque in question alleging that the cheque has been misused by the respondent. Learned counsel for respondent on instructions from the respondent stated to be present in person in the Court, submitted that the said FIR should be compounded/got cancelled by the petitioner's father and thereupon the respondent is ready to compound the instant case on receipt of cheque amount with reasonable amount of interest.