KESHAV JAIN Vs. SHIVA PETRO MAX

JUDGEMENT

(1.) LEARNED counsel for the petitioners states that the matter has been compromised and for that reason the application for pre-poning the revision petition has been moved.

(2.) LEARNED counsel for respondent No.2, on instructions from the respondent, also states that the matter has been compromised.

(3.) BRIEF facts of the case are that petitioner/accused's transport company had been taking diesel for its trucks from the complainant on credit. It is further submitted that when Rs.6,51,000/- became due towards the accused/petitioner due to taking of diesel on credit basis and non- payment of credit, the complainant asked to clear the dues and accused/petitioner had issued cheque bearing No.021428 dated 8.3.2008 for Rs.6,51,000/- in favour of the complainant to clear the debts and liabilities. Complainant presented the cheques in question with his banker namely Punjab National Bank, Sukhrali, Gurgaon, for encashment but the same were returned unpaid by the banker of the accused due to 'insufficient funds' vide bank memos dated 8.3.2008. Complainant served a legal notice dated 24.3.2008 on the accused but in spite of that accused did not make payment.