KEDIYA RAM GANDHAR Vs. PARAMJEET VERMA

JUDGEMENT

(1.) By way of instant application 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 applicant-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 non-applicant/respondent. Mr. Rajnish K. Lal, learned counsel representing the respondent, fairly states that after passing of judgment dtd. 8/8/2022 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 application can be accepted.

(2.) Precisely, the facts of the case, as emerge from the record, are that the respondent (hereafter referred to as the 'complainant') instituted a complaint under Sec. 138 of the Act in the Court of learned Judicial Magistrate First Class, Court No.2, Paonta Sahib, District Sirmour, H.P., alleging therein that on the request of the petitioner-accused, he had advanced sum of Rs.50,000.00 to the petitioner-accused, who with a view to discharge his liability, issued cheque bearing No.024027, dtd. 2/4/2012 for a sum of Rs.50,000.00 drawn on State Bank of India, Branch Rajban in his favour, but fact remains that aforesaid on its presentation was dishonoured on account of insufficient funds in the account of the accused. Since, despite having received legal notice, accused failed to make the payment good within the time stipulated in the legal notice, complainant was compelled to institute proceedings under Sec. 138 of the Act in the competent court of law, which subsequently on the basis of the evidence adduced on record by the parties, held accused guilty of having committed the offence punishable under Sec. 138 of the Act and accordingly convicted and sentenced him to undergo rigorous imprisonment for one year and pay compensation to the tune of Rs.1,00,000.00.

(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 Additional Sessions Judge, Sirmaur (camp at Paonta Sahib), but same was dismissed on 8/1/2019. Being aggrieved and dissatisfied with the aforesaid judgment passed by learned Additional Sessions Judge, Sirmour, applicant- accused preferred criminal revision No.58 of 2019 in this Court, which also came to be dismissed vide judgment dtd. 8/8/2022.