HARDEV SHARMA Vs. ASHOK KUMAR

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 Cr.P.C read with Sec. 147 of the Negotiable Instruments Act (for short'Act'), prayer has been made on behalf of the petitioner-accused for compounding of the offence alleged to have been committed by him under Sec. 138 of the Act. No reply is intended to be filed on behalf of the respondentcomplainant. Mr. D.S.Nainta, learned counsel representing the respondent, fairly states that after passing of judgment dtd. 15/3/2022 passed by this Court, whereby judgment of conviction and order of sentence recorded by learned court below came to be upheld, parties have entered into the compromise, whereby respondent-complainant has received the entire amount of compensation and as such, prayer made in the instant petition can be accepted.

(2.) Precisely, the facts of the case, as emerge from the record, are that the complainant filed complaint under Sec. 138 of the Act, alleging therein that on the request of accused, complainant lent Rs.2.70 Lakh in the last week of October, 2014 but the accused failed to return the same till December, 2014 and on repeated requests of the complainant, accused issued two cheques amounting to Rs.1,60,000.00 on 23/4/2015 and another cheque for Rs.1,10,000.00 on 3/6/2015, both drawn at UCO Bank, Rohru, District Shimla. However, the fact remains that both the aforesaid cheques, on presentation, were dishonoured on account of insufficient funds in the account of the accused. Though the complainant served the accused with legal notice Ext. CW-1/H calling upon him to make good the payment within stipulated time, but the accused failed to make the payment as such, complainant was compelled to institute proceedings under S. 138 of the Act against the accused in the competent Court of law.

(3.) Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence recorded by learned trial Court, accused preferred an appeal in the Court of learned Sessions Judge (Forest) Shimla, but same was dismissed on 15/9/2020. Being aggrieved and dissatisfied with the aforesaid judgment passed by learned Sessions Judge(Forest), Shimla, petitioner- accused preferred criminal revision No.43 of 2021 in this Court, which also came to be dismissed vide judgment dtd. 15/3/2022.