DHALU RAM Vs. PIAR SINGH GULERIA

JUDGEMENT

(1.) Present Revision Petition has been filed assailing judgment, dtd. 21/9/2020, passed by learned Additional Sessions Judge, Kullu, Himachal Pradesh, in Criminal Appeal No. 31 of 2019, whereby judgment/order dtd. 26/10/2012/31/10/2019, passed by learned Chief Judicial Magistrate, Kullu, District Kullu, H.P. in Cr. Complaint No. 373-1 of 2013, convicting and sentencing the petitioner-accused under Sec. 138 of Negotiable Instruments Act to undergo simple imprisonment for four months and to pay compensation of Rs.2,10,000.00 to the complainant, has been affirmed.

(2.) Complainant/respondent is present in the Court today and his statement has been recorded on oath, wherein he has stated that matter has been amicably settled with the accused/petitioner and as per compromise, he has agreed to withdraw the complaint for compounding the case on accepting payment of Rs.1,00,000.00 against payment of Rs.2,10,000.00 and thus he has prayed for compounding the case. He has further deposed that he is deposing in this Court out of his free will, consent and also without any external pressure, coercion or threat of any kind.

(3.) Petitioner/accused is also present in the Court today and his statement has been recorded on oath, wherein he has endorsed the statement of complainant to be true and correct. He has further stated that because of loss in business, he could not arrange the payment of entire amount of compensation and considering his financial condition, complainant/respondent has agreed for compounding the case by accepting Rs.1,00,000.00, instead of Rs.2,10,000.00 and for his poor financial condition, he is also not in a position to pay compounding fee. He has further deposed that he is deposing in this Court out of his free will, consent and also without any external pressure, coercion or threat of any kind.