BALBIR SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) Petitioner who has been convicted under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act') by present application under Sec. 528 of BNSS Act has sought to place on record judgment dtd. 19/12/2025 passed by learned Additional Sessions Judge, Ambala vide which appeal preferred by petitioner against order of conviction dtd. 19/12/2023 passed by learned Judicial Magistrate, First Class, Ambala was dismissed. Vide judgment of conviction and order of sentence dtd. 19/12/2023 petitioner was convicted under Sec. 138 of Negotiable Instruments Act and was awarded rigorous imprisonment of two years and pay compensation of Rs.12,20,000.00 i.e. cheque amount. Application is allowed.

(2.) It is the case of petitioner that subsequent to dismissal of appeal parties have arrived at compromise dtd. 29/12/2025 and have agreed to compound the offence under Sec. 138 of NI Act on payment of entire cheque amount. Agreement dtd. 29/12/2025 has been annexed as Annexure A-1 along with Civil Revision No.3394 of 2025.

(3.) Mr. Umesh Aggarwal, Advocate has put in appearance on behalf of respondent and has filed his power of attorney. He has admitted due execution of Annexue P-1 on behalf of complainant/respondent. It is submitted that a demand draft of Rs.6,56,000.00 dtd. 29/12/2025 bearing No.070065 has been received today in the Court by complainant/respondent who is stated to be present in the Court. Learned counsel on instructions of complainant/respondent has stated that complainant/respondent has got no objection if offence under Sec. 138 of NI Act is compounded.