ROSHAN LAL Vs. TRILOK CHAND

JUDGEMENT

(1.) The instant petition has been filed by the petitioner-accused under Sec. 397 (3) of the Code of Criminal Procedure against judgment dtd. 26/4/2022, passed by learned Additional Sessions Judge-cum- Special Judge (CBI), Shimla, District Shimla, H.P., in Criminal Appeal No.2-R/10 of 2021, affirming the judgment of conviction dtd. 12/11/2020 and order of sentence dtd. 1/12/2020, passed by the learned Addl. Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., in Complaint No.73-3 of 2016, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act'), convicted and sentenced him to undergo simple imprisonment for a period of one year and pay compensation to the tune of Rs.2,00,000.00 to the respondent-complainant, with a prayer to set aside the impugned judgment of conviction and order of sentence on the basis of a compromise arrived at between the parties.

(2.) The facts of the case, as emerge from the record, are that the petitioner/accused borrowed a sum of Rs.1,55,000.00 from the complainant to run his business and in order to discharge the said liability, he issued a cheque bearing No.331973, dtd. 25/5/2016 in favour of the complainant and the said cheque, on its presentation, was dishonoured on account of 'exceed arrangement', vide memo dtd. 27/7/2016. Since petitioner-accused failed to make the payment within the time stipulated in the legal notice, the respondent-complainant was compelled to initiate proceedings before the competent Court of law under Sec. 138 of the Act.

(3.) The learned counsel for the respondent-complainant has stated that the parties have compromised the matter, vide compromise dtd. 8/7/2022, Annexure P-3 and as per the terms of the compromise, the petitioner has paid the entire amount of compensation amounting to Rs.2,00,000.00 to the respondent-complainant outside the Court, therefore, he has no objection in case the judgment of conviction dtd. 12/11/2020 and order of sentence dtd. 1/12/2020, passed against the petitioner-accused by the learned Addl. Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., in Complaint No.73-3 of 2016. and affirmed by the learned Additional Sessions Judge-cum-Special Judge (CBI), Shimla, District Shimla, H.P., vide judgment dtd. 26/4/2022, are quashed and set-aside.