GURDAS CHAND SON OF SHRI NANAK CHAND, RESIDENT OF VILLAGE & POST OFFICE, BIJANI, TEHSIL SADAR, DISTRICT MANDI, H.P. Vs. SHRI BALDEV CHAND SON OF SHRI NARAIN DASS, RESIDENT OF VILLAGE KATHYANA, POST OFFICE BIR, TEHSIL SADAR, DISTRICT MANDI, H.P.

JUDGEMENT

(1.) THIS is an application under Section 147 of the Negotiable Instrument Act, 1881(For short, the Act) for compounding the offence punishable under Section 138 of the Act. It has been stated by Learned Counsel for the petitioner that petitioner was convicted and sentenced by learned Judicial Magistrate Ist Class, Court No. 2, Mandi on 22.12.2009/28.12.2009 in Private complaint Np. 140 -I/2008. The conviction and sentence of the petitioner was upheld by learned Addl. Sessions Judge, Mandi on 15.9.2011 in Criminal Appeal No. 5 -X/2010. It has been submitted by Learned Counsel for the parties that the matter has been settled between the parties. The petitioner and respondent are present in the Court and they have been duly identified by their respective counsel. The parties have jointly stated that petitioner has paid the cheque amount to the respondent. The application supported by an affidavit of the petitioner alongwith compromise dated 31.12.2011 duly signed by petitioner and respondent have been filed. The compromise is also supported by affidavits of petitioner and respondent. The Learned Counsel for the respondent has stated that respondent has received the entire amount of compensation of Rs. 46,000/ - awarded by the trial Court. The respondent has no objection, if the matter is compounded in view of the settlement of dispute between the parties. In the facts and circumstances of the case, the parties are permitted to compound the matter. The conviction and sentence of the petitioner recorded by learned Judicial Magistrate Ist Class, Court No. 2, Mandi on 22.12.2009/2812.2009 in Private complaint No. 140 -I/2008 and upheld by learned Addl. Sessions Judge, Mandi on 15.9.2011 in Criminal Appeal No. 5 -X/2010 are set aside. The petitioner is acquitted of the accusation. The amount of Rs.7500/ - as 15% of the cheque amount deposited by the petitioner shall be remitted in the H.P. High Court Legal Services Committee account in terms of Damodar S. Prabhu Versus Sayed Babalal H. : 2010(5) SCC 663. The petition stands disposed of, so also the pending applications.