SHRI RAKESH THAKUR Vs. SHRI LALIT KUMAR SON

JUDGEMENT

(1.) Present petition has been filed for quashing of complaint filed under Sec. 138 of Negotiable Instruments Act and setting aside the judgment/order of conviction/sentence dtd. 28/11/2017/5/12/2017 passed by learned Judicial Magistrate First Class, Court No.5, Shimla whereby petitioner has been convicted and sentenced to undergo simple imprisonment for six months and to pay compensation of Rs.5,00,000.00 (Rupees five lacs only) to complainant in RBT Case No. 230-3 of 2014 titled Lalit Kumar vs. Rakesh Kumar.

(2.) Accused/petitioner Rakesh Kumar and complainant/respondent Lalit Kumar are present in person, who have been identified by their learned counsel. Their statements, on oath, have been recorded and placed on the file.

(3.) Respondent Lalit Kumar, in his statement recorded on oath, has stated that petitioner/accused has been convicted in the complaint filed by him under Sec. 138 of Negotiable Instruments Act by the trial Court, but now matter has been amicably settled between them and same has been reduced into writing on 6/11/2020, which has been placed on record as Annexure P-6 which bears his signatures. He has stated that as per agreement, petitioner has agreed to make payment of compensation amount in installments and till date, he (respondent) has received Rs.4,45,000.00 and now Rs.55,000.00 is yet to be received. He has further stated that petitioner, to discharge his liability i.e. to pay balance amount of compensation, has issued Cheuqe No 000181 dtd. 30/4/2022 for Rs.15,000.00, Cheque No 000177 dtd. 30/5/2022 for Rs.30,000.00 and Cheque No.000178 dtd. 30/6/2022 for Rs.10,000.00respectively to be drawn on Bandhan Bank, Shimla and these cheques are Account Payee cheques issued in his name. He has further deposed that as per compromise, he has agreed to withdraw his complaint for compounding the case. He has prayed to withdraw the complaint and compound the case with rider that in case any of above referred cheques is dishonoured, then judgment of conviction and sentence passed against the petitioner by the trial Court shall be revived.