DHARAM PRAKASH Vs. AARTI GOEL

JUDGEMENT

(1.) The petitioner was convicted by the learned Chief Judicial Magistrate, Shimla, District Shimla, on 29/10/2021 for having committed offence punishable under Sec. 138 of Negotiable Instruments Act (the Act in short). He was sentenced to undergo simple imprisonment for a period of three months and to pay compensation of Rs.3,50,000.00 to the complainant. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge, Shimla, District Shimla, H.P. vide judgment dtd. 28/2/2022. These judgments and sentence order have been assailed by the petitioner in the instant criminal revision.

(2.) Learned counsel for the petitioner submitted that the cheque in question was for Rs.2,24,687.00. As against it, the learned Courts below have granted compensation amount of Rs.3,50,000.00 to the respondent. Learned counsel for the petitioner submitted that the petitioner has deposited the entire compensation amount of Rs.3,50,000.00 in the Registry of this Court on 3/11/2022. Learned counsel for the petitioner further submits that in view of the deposit of entire compensation amount, the present matter may be compounded and the petitioner be acquitted of the offence under Sec. 138 of the Negotiable Instruments Act. Learned counsel also submitted that the petitioner has no objection for release of entire compensation amount in favour of the respondent.

(3.) Learned counsel for the respondent has no objection to the aforesaid prayer. He further submits that the entire compensation amount of Rs.3,50,000.00 deposited by the petitioner be released in favour of the respondent by remitting the same in his Saving Bank Account, particulars whereof shall be supplied the learned counsel for the respondent within one week.