DEVINDER KEWLA Vs. RAKESH SHARMA

JUDGEMENT

(1.) By way of instant criminal revision petition filed under Sec. 482 CrPC, challenge has been laid to order dtd. 18/8/2022, passed by the learned ACJM Theog, in Case No. 291/2021, titled Rakesh Sharma v. Devinder Kewla, whereby an application filed under Sec. 147 of the Negotiable Instruments Act (in short - the Act') for compounding the offence alleged to have been committed by the petitioner, came to be dismissed.

(2.) Precisely, the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Sec. 138 of the Act, in the court of Additional Chief Judicial Magistrate, Theog, H.P., alleging therein that accused with a view to discharge his liability issued cheque for a sum of Rs.2,26,750.00, but fact remains that aforesaid cheque on its presentation, was dishonoured. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Sec. 138 of the Act. However, before case could be taken to its logical end by the court below, accused filed an application under Sec. 147 of the Act, praying therein to compound the offence, wherein petitioner expressed his readiness and willingness to pay the entire cheque amount, however such prayer of him was opposed by the respondent-complainant and as such, vide order dtd. 18/8/2022, learned court below dismissed the application. In the aforesaid background, accused has approached this Court by way of instant proceedings, seeking therein to set- aside the impugned order and compound the offence alleged to have been committed by the petitioner-accused.

(3.) During proceedings of the case, learned counsel for the petitioner accused stated that petitioner is ready and willing to make the entire payment and as such, matter was adjourned for today's date. Today, during the proceedings of the case, learned counsel for the petitioner on instructions of the accused, who is present in the Court apprised this Court that entire cheque amount stands paid to the respondent-complainant, which fact has been duly acknowledged by Mr. Gaurav Sharma, learned counsel for the respondent-complainant.