RAVINDER DATYAL Vs. TIRATH RAM

JUDGEMENT

(1.) The petitioner/complainant filed a complaint before the Judicial Magistrate 1st Class, Court No. III, Una, District Una, HP, titled as Ravinder Datyal v. Tirath Ram, under Section 138 of the Negotiable Instrument Act, 1881 (for short NI Act). The respondent was convicted by the trial Court vide order dated 30th April, 2009 and was also sentenced by separate order dated 30th April, 2009 to pay a fine of Rs. 10,000/- and in default had to undergo seven days' imprisonment. Feeling aggrieved, the petitioner/complainant questioned the order of sentence in a revision petition. The accused/respondent has not questioned the order of conviction. The learned Sessions Judge dismissed the revision petition.

(2.) This is how the complainant has filed this petition under Section 482 of the Code of Criminal Procedure for enhancement of sentence.

(3.) After hearing for a while, learned Counsel for the parties prayed that they are under instructions to settle the issue. Learned Counsel for the complainant stated at the Bar that he has already received Rs. 30,000/-. The accused/respondent has to pay Rs. 15,000/- i.e. Rs. 10,000/- out of the cheque amount and Rs. 5,000/- as compensation. His statement is taken on record.