SUBA SINGH Vs. BALDEV RAJ

JUDGEMENT

(1.) Suba Singh-accused has directed the present revision petition against the judgment dtd. 19/1/2019 passed by learned Additional District Judge, Kapurthala, vide which, the appeal preferred by the petitioner-accused was dismissed, as well as, the judgment of conviction and order of sentence dtd. 16/4/2016, passed by Judicial Magistrate 1st Class, Kapurthala, whereby the petitioner was convicted under Sec. 138 of the Negotiable Instrument Act, (in short- the NI Act) and sentenced to undergo rigorous imprisonment for 02 years and to pay a fine of Rs.5,000.00 and in default of which, further undergo the simple imprisonment for 20 days.

(2.) In pursuance to the above order, learned counsel for the petitioner has submitted, that the petitioner has deposited an amount of Rs.2,25,000.00 as compounding charges with District Legal Services Authority, Kapurthala and the balance amount of Rs.17,000.00 has been deposited with the Institute for Blind, Sector-26, Chandigarh, in terms of the judgment of the Supreme Court rendered in Damodar S. Prabhu v. Sayed Babalal H, 2010 AIR(SC) 1907. The copy of the same has been taken on record.

(3.) Learned counsel for the complainant submits that he has received entire payment and nothing remains due with the accused and he has no objection if the petitioner is acquitted of charge and released from jail.