SURENDRA Vs. BALAK RAM

JUDGEMENT

(1.) By way of this Revision Petition, the petitioner has challenged judgment, dtd. 2/1/2020, passed by the Court of learned Judicial Magistrate, 1st Class, Court No.4, Shimla, H.P., in Criminal Case Registration No.9003858/2012, RBT No.838-3 of 2019/12, titled as Balak Ram Versus Surendra, which criminal case stood disposed of by the learned Trial Court by sentencing the present petitioner to undergo simple imprisonment for a period of two months for the offence punishable under Sec. 138 of the Negotiable Instruments Act and also to pay Rs.60,000.00 as compensation to the complainant, as well as judgment dtd. 4/3/2021, passed by the Court of learned Additional Sessions Judge (I), Shimla, H.P. in Criminal Appeal No.16-S/10 of 2020, titled as Surendra Versus Balak Ram, vide which, the judgment passed by learned Trial Court was upheld by the learned Appellate Court and the appeal filed by the present petitioner against the judgment passed by learned Trial Court was dismissed.

(2.) The Court stands informed that during the pendency of the Revision Petition, the matter has been amicably settled between the petitioner and the respondent and the entire due amount stands paid by the petitioner to the respondent. This fact is not disputed by learned counsel appearing for the respondent.

(3.) Learned counsel for the petitioner submits in view of said development, it will be in the interest in case this Court exercises its power of compounding the offence in terms of the judgment of Hon'ble Supreme Court of India in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 Supreme Court Cases 663.