TARA DUTT NIRMOHI Vs. JAGMOHAN SINGH

JUDGEMENT

(1.) Assailing the judgment dated 10.10.2011/11.10.2011, passed by learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, Himachal Pradesh, in Criminal Case No. 39/3 of 2009, titled as Jagmohan Singh v. Tara Dutt Nirmohi, as affirmed by the learned Additional Sessions Judge, Sirmaur District at Nahan, Himachal Pradesh, vide judgment dated 6.8.2013, passed in Criminal Appeal No. 2-N/10 of 2011, titled as Tara Dutt Nirmohi v. Jagmohan Singh and another, the accused-petitioner has filed the present Revision Petition under the provisions of Section 397/401 of the Code of Criminal Procedure, 1973. It is seen that the Trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of six months and pay compensation of Rs. 1,00,000/- to the petitioner, in relation to offence punishable under the provisions of Section 138 of the Negotiable Instruments Act. The judgment of conviction and sentence has been upheld by the learned Additional Sessions Judge, Sirmaur at Nahan, Himachal Pradesh.

(2.) Parties have amicably resolved their dispute, in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu v. Sayed Babalal H, 2010 5 SCC 663

(3.) Entire amount, in terms of the judgment dated 10.10.2011/11.10.2011, passed by Judicial Magistrate 1st Class, Rajgarh in Criminal Case No. 39/3 of 2009, stands paid by the present petitioner to respondent No. 1-complainant. To this effect, a compromise deed has also been filed in Court today. The petitioner, through his counsel, also undertakes to deposit 15% of the cheque amount in the Registry of this Court within a period of four weeks from today, which shall be remitted to the H.P. Legal Services Authority.