BALDEV SINGH Vs. HIRA SINGH

JUDGEMENT

(1.) The applicant/respondent, vide judgment dtd. 6/9/2023, passed by this Court, in Criminal Appeal No. rt 200 of 2010, was convicted by this Court under Sec. 138 of the Negotiable Instruments Act, and the case was fixed for today for hearing on quantum of sentence.

(2.) Today, a joint application (Cr.M.P. No. 3464 of 2023) has been moved by the parties under Sec. 482 Cr.P.C. read with Sec. 147 of the Negotiable Instruments Act, with a prayer to compound the matter and to recall/set-aside the aforesaid judgment of conviction and to acquit the convict/respondent. The application is supported with the affidavits of the applicant and non-applicant and also with the copy of Compromise Deed, Annexure R-1.

(3.) The complainant-Shri Baldev Singh is also present in the Court today and his statement has been recorded and placed on record. He has stated that on the basis of his complaint under Sec. 138 of the Negotiable Instruments Act, the respondent-accused was convicted by this Court, vide judgment dtd. 6/9/2023. He has further stated that now, he does not want to pursue his complaint, as he has settled the matter with the respondent-accused and received twice the cheque amount in the sum of Rs.70,000.00 from him. He has also stated that in view of the amicable settlement, he has no objection in case the accused-respondent is acquitted of the offence under Sec. 138 of the Negotiable Instruments Act.