MAYANK GOEL Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) This is a revision petition against the conviction of the accused-petitioner under Section 138 of the Negotiable Instruments Act (hereinafter referred to be as "the Act"). The petitioner has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2000/-. However, in appeal, conviction was upheld by the appellate court, but sentence was modified by reducing it to a period of four months and to a fine of Rs.7.00 lacs (cheque amount).

(2.) A complaint was filed by the complainant-respondent No.2 against the petitioner on the allegations that the petitioner issued a cheque bearing No.139444 dated 21.05.2007 for Rs.7.00 lacs in favour of the respondent No.2. However, the said cheque was dishonoured with the remarks "Insufficient funds". Trial ensued. The petitioner was convicted by the court of Sub Divisional Judicial Magistrate, Naraingarh. In appeal, conviction was upheld by the appellate court. However, sentence was modified by reducing it to a period of four months and to a fine of Rs.7.00 lacs (cheque amount).

(3.) On August 03, 2015, vide CRM-24058-2015, compromise was placed on record. Today, learned counsel for respondent No.2/ complainant has put in appearance. According to him, a compromise has been arrived at between the petitioner and the respondent No.2. The factum of compromise is not disputed by him. He submits that he has instructions to state that respondent No.2/complainant would have no objection in case this petition is allowed.