PAWAN KUMAR SON OF SHRI BHADAR RAM, RESIDENT OF VILLAGE HANDKALI, POST OFFICE THONA, TEHSIL SARKAGHAT, DISTRICT MANDI, H.P. Vs. DEEP KUMAR SON OF SHRI BISHAMBHAR DUTT, RESIDENT OF VILLAGE BHIULI, MANDI TOWN, DISTRICT MANDI, H.P.

JUDGEMENT

(1.) THE learned counsel for the parties have jointly stated that the matter has been settled amicably between the parties.

(2.) The petitioner has filed an application under Section 147 of the Negotiable Instruments Act, 1881 (for short 'Act') for compounding the offence. The application is supported by the affidavit of petitioner as well as affidavit of respondent. The petitioner with the application has filed receipt dated 24.10.2011 showing payment of Rs. 1,10,000/ - to the respondent. The applicant has also annexed compromise deed dated 24.10.2011 which has been signed by the applicant as well as respondent. The learned counsel for the respondent has stated that respondent has no objection for compounding the offence. She has also stated that receipt dated 24.10.2011 has been issued by the respondent and compromise deed dated 24.10.2011 is also signed by the respondent. The learned counsel for the respondent has no objection if the application is allowed and the conviction and sentence of the petitioner as recorded by the trial Court and affirmed by the learned lower Appellate Court are set -aside. I have gone through the application and I am satisfied that the parties have amicably settled the dispute. Accordingly, the application is allowed, the conviction and sentence of the petitioner recorded by the learned Chief Judicial Magistrate, Mandi on 30.8.2010 in Complaint No. 109 -II/2008 affirmed by learned Additional Sessions Judge, Mandi on 18.7.2011 in Criminal Appeal No. 78 of 2010 are set -aside. The petitioner is acquitted of the accusation. The petitioner has deposited in the Registry an amount of Rs. 16,500/ - being 15% of the cheque amount. This amount be remitted in the account of H.P.High Court Legal Services Committee in terms of Damodar S.Prabhu versus Sayed Babalal H. : 2010 (5) SCC 663. The application as well as revision is disposed of on above terms.