JAAN MOHAMMAD Vs. SABIR KHAN

JUDGEMENT

(1.) HE respondent No. 1 had filed a complaint against the petitioner, under section 138 of Negotiable Instruments Act, 1881 (for short, the Act) on bouncing of cheque amounting to Rs.6,000/-. The learned trial court vide judgement dated 3.9.2009 convicted the petitioner, under section 138 of the Act and sentenced him to undergo Whether the reporters of the local papers may be allowed to see the Judgment? Yes simple imprisonment for one month and imposed a fine of Rs.9,000/-. The petitioner filed an appeal, which was dismissed by the learned Sessions Judge, Mandi on 29.12.2011. The petitioner has challenged the judgement dated 29.12.2011 in the revision.

(2.) THE learned counsel for petitioner and respondent No. 1 have jointly stated that petitioner and respondent No. 1 have settled the dispute outside the court and an application for disposing of the revision in terms of compromise has been filed by the petitioner. The application is supported by an affidavit of the petitioner alongwith copy of receipt dated 10.5.2012 showing that respondent No. 1 has received payment from the petitioner, a copy of affidavit dated 10.5.2012 of respondent No. 1 showing he has received the payment from the petitioner has also been filed. In the affidavit, it has also been stated that respondent No. 1 wants to withdraw the complaint. The respondent No. 1 has also filed another affidavit dated 6.7.2012 in support of the application.

(3.) I am satisfied that parties have amicably settled the dispute. The petitioner has paid Rs.9000/- to respondent No. 1 outside the court as admitted by the learned counsel for respondent No. 1. In these circumstances, the parties are allowed to compound the dispute. Accordingly, the conviction and sentence imposed upon the petitioner by trial court vide judgement dated 3.9.2009 and affirmed by the lower appellate court on 29.12.2011 are set-aside and petitioner is acquitted of the accusation, under section 138 of the Act.