FATEH CHAND Vs. BHAGAT RAM

JUDGEMENT

(1.) By way of instant application filed under Sec. 482 Cr.P.C read with Sec. 147 of the Negotiable Instruments Act (for short 'Act'), prayer has been made on behalf of the applicant-accused for compounding of the offence alleged to have been committed by him under Sec. 138 of the Act. No reply is intended to be filed on behalf of the non-applicant/respondent. Mr. Gurmeet Bhardwaj, learned counsel representing the respondent, fairly states that after passing of judgment dtd. 24/5/2023 passed by this Court, whereby judgment of conviction and order of sentence recorded by learned court below came to be upheld, parties have entered into the compromise, whereby respondent-complainant has received the entire amount of compensation and as such, prayer made in the instant application can be accepted.

(2.) Precisely, the facts of the case, as emerge from the record are that respondent/complainant lodged complaint under Sec. 138 of the Act before the learned Chief Judicial Magistrate, stating therein that accused, who is well known to him, purchased cow from him and with a view to discharge his liability, issued cheque amounting to Rs.30,000.00, however fact remains that aforesaid cheque on its presentation to the bank concerned, was dishonoured. Since accused failed to make the payment good within the stipulated period despite his having received legal notice issued to him, complainant had no option but to initiate proceedings under Sec. 138 of the Act in the competent court of law, which subsequently on the basis of the evidence adduced on record by the parties, held accused guilty of having committed the offence punishable under Sec. 138 of the Act and accordingly convicted and sentenced him to undergo simple imprisonment for a period of four months and pay compensation to the tune of Rs.30,000.00 to the respondent-complainant.

(3.) Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence recorded by learned trial Court, accused preferred an appeal in the Court of learned Additional Sessions Judge, Kullu, District Kullu, H.P., but same was dismissed on 16/11/2021. Being aggrieved and dissatisfied with the aforesaid judgment passed by learned Additional Sessions Judge, Kullu, applicant- accused preferred criminal revision No.21 of 2022 in this Court, which also came to be dismissed vide judgment dtd. 24/5/2023.