GURMEET SINGH Vs. RAJ KUMAR

JUDGEMENT

(1.) THE petitioner has filed the present petition challenging the judgments passed by the Courts below whereby he has been convicted for the offence committed under Section 138 of the negotiable Instruments Act, 1881 and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000.

(2.) LEARNED counsel for the petitioner submitted that matter has been compromised with the complainant and in terms thereof he had given a demand draft of Rs. 20,000 to the complainant on the last date of hearing i. e. February 1, 2008, which was accepted by the counsel for the complainant, who has not disputed the factum of the matter having been compromised between the parties. However, he submitted that as complainant had to suffer a long agony before he had been able to receive payment from the accused, he may be suitably compensated. Learned counsel for the petitioner submitted that petitioner is a poor person and he will further pay a sum of Rs. 2,000 as damages, which was acceptable to the counsel for the complainant. Learned counsel for the petitioner further submitted that as the matter between the parties had been compromised, the conviction and sentence of the petitioner may be set aside.

(3.) RELIANCE has been placed upon Vinay devanna Nayak v. Ryot Seva Sahakari bank Ltd. , wherein Hon'ble the Supreme court opined as under: