NARESH KUMAR Vs. PURAN CHAND

JUDGEMENT

(1.) The petitioner was convicted by the learned Judicial Magistrate First Class Court No.4, Shimla, H.P. on 14/10/2019 for having committing offence punishable under Sec. 138 of Negotiable Instruments Act (the Act in short). Vide order dtd. 15/10/2019, he was sentenced to undergo simple imprisonment for a period of one month and to pay compensation of Rs.40,000.00 to the complainant. The judgment of conviction and order of sentence were affirmed by the learned Sessions Judge, Shimla, H.P. vide judgment dtd. 21/3/2022. These judgments and sentence order have been assailed by the petitioner in the instant criminal revision and prayer has been made to compound the offence.

(2.) Learned counsel for the petitioner submitted that the petitioner has deposited Rs.40,000.00 before the learned Trial Court and the same stands released to respondent No.1.

(3.) The respondent No.1/complainant has attended the hearing in person and vide his separate statement recorded on oath, he has admitted having received Rs.40,000.00 from the petitioner-accused in terms of order dtd. 25/7/2022 passed by the learned Trial Court. He has expressed his no objection in case the offence under Sec. 138 of the Act, for which petitioner has been convicted by both the courts below is compounded and the judgments/orders passed by the learned Trial Court on 14/15/10/2029 as affirmed by the learned Appellate Court on 21/3/2022 are set aside.