YASHPAL SONI Vs. SANTOSH KUMAR

JUDGEMENT

(1.) By way of Cr.MP No. 4141 of 2022, permission has been sought to compound the offence under Sec. 138 of the Negotiable Instruments Act.

(2.) Respondent No.1 herein prosecuted the petitioner for offence under Sec. 138 of the Negotiable Instruments Act by filing a complaint before the learned Judicial Magistrate First Class, Barsar, District Hamirpur, H.P. Petitioner was convicted vide judgment dtd. 31/5/2011 and was sentenced to undergo rigorous imprisonment for six months and to pay fine to the tune of Rs.32,000.00 and in default of payment of fine, to further undergo simple imprisonment for three months. The appeal filed by the petitioner was also dismissed. Hence, the petitioner approached this Court by way of instant revision petition.

(3.) During the pendency of the revision petition, the parties are stated to have entered into a settlement. A written agreement evidencing the terms of such settlement has been placed on record as Annexure A-1 with Cr.MP No. 4141 of 2022. As per the agreement, it has been settled that petitioner will pay a sum of Rs.57,000.00 in totality to respondent No.1 in full and final settlement of all his claim. It has further been agreed that respondent No.1 shall be entitled to Rs.32,000.00 deposited by the petitioner in the Registry of this Court in terms of orders passed in the instant petition. Remaining amount of Rs.15,000.00 was agreed to be paid by petitioner to respondent No.1 on or before 25/12/2022.