LAWS(P&H)-2018-3-26

RAJ KUMAR SAHANI Vs. SUMITRA PARIHAR

Decided On March 15, 2018
Raj Kumar Sahani Appellant
V/S
Sumitra Parihar Respondents

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the judgment of conviction dated 21.07.2014 passed by the trial Court holding the petitioner guilty for offence punishable under Section 138 of the Negotiable Instruments Act (in short 'the N.I. Act '), the order of sentence dated 24.07.2014 vide which the petitioner was sentenced to undergo rigorous imprisonment for a period of 06 months and to pay a fine of Rs.50,000/- as compensation to the complainant as well as the judgment dated 24.09.2015 passed by the Revisional Court/Sessions Judge, Faridabad vide which the revision filed by the petitioner was dismissed.

(2.) Counsel for the petitioner has submitted that at the time of issuance of notice of motion vide order dated 01.10.2015, the petitioner was directed to deposit the cheque amount with the Registrar of this Court and his sentence was suspended. It is further submitted that the petitioner has deposited the amount of Rs.33,000/- with the Registrar of this Court and thereafter, the said amount was released in favour of the respondent vide order dated 05.08.2016.

(3.) Counsel for the petitioner has also submitted that the cheque in dispute was issued as arrears of rent and in Civil Revision No.6419 of 2015 filed by the present petitioner, the matter has been amicably settled between the parties. The operative part of the said order is reproduced as under:-