RAM KUMAR Vs. LUXMI B.K.O.

JUDGEMENT

(1.) This is a revision petition challenging the judgment/order dtd. 19/5/2018 passed by learned Sessions Judge, Sirsa, whereby, the appeal filed by the present petitioner was dismissed and the judgment of conviction dtd. 10/4/2017, under Sec. 138 of the Negotiable Instruments Act and the order of sentence dtd. 17/4/2017, passed by Judicial Magistrate 1st Class, Sirsa in Criminal Complaint No.144-2 of 2013, sentencing the petitioner to six months of rigorous imprisonment and to pay compensation to the tune of Rs.3, 94,850.00, i.e. equal to cheque amount, was upheld.

(2.) During the pendency of the present petition, the parties appeared to have compromised the matter. Therefore, a prayer was made by the counsel for the petitioner, to send the parties to the trial Court/Illaqa Magistrate to get their statements recorded qua the compromise arrived at between the parties. Accordingly, the parties were directed to appear before the trial Court/Illaqa Magistrate, for getting their statements recorded regarding the genuineness of the compromise effected between the parties with a further direction to the trial Court / Illaqa Magistrate for submitting a report whether the compromise is without any pressure or not. Since by pleading compromise, the petitioner had sought compounding of the offence punishable under Sec. 138 of the Negotiable Instruments Act, therefore, vide order dtd. 7/8/2018, the petitioner was directed to deposit an amount of Rs.25,000.00 with District Legal Services Authority, Sirsa as compounding costs in terms of the judgment of Hon'ble the Supreme Court in case of Damodar S. Prabhu Vs. Sayed Babalal H. 210 AIR (SC) 1907. The amount required to be deposited by him was reduced a little bit in view of the submissions made by counsel regarding the economic condition of the petitioner.

(3.) Pursuant to the above said order dtd. 7/8/2018, a report has been received from the Civil Judge (Jr. Division)-cum- Judicial Magistrate, 1st Class, Sirsa that compromise arrived at between the parties has been entered into without any fear or pressure. The report further says that the amount of Rs.25,000.00 has already been deposited with the District Legal Services Authority, Sirsa, pursuant to the order passed by this Court.