NANAK CHAND Vs. FULLERTON INDIA CREDIT COMPANY LTD.

JUDGEMENT

(1.) Assailing the judgment dated 15.11.2011/21.11.2011, passed by learned Judicial Magistrate 1st Class, Court No. 3, Shimla, Himachal Pradesh, in Case No. 692-3 of 2010, titled as Fullerton India Credit Company Ltd. v. Nanak Chand, as affirmed by the learned Additional Sessions Judge, Shimla, Himachal Pradesh, vide judgment dated 30.10.2012, passed in Cr. Appeal No. 1-S/10 of 2012, titled as Nanak Chand v. Fullerton India Credit Company Ltd., the accused-petitioner has filed the present Revision Petition under the provisions of Section 401 read with Section 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. 35,000/- to the complainant, in relation to offence punishable under Section 138 of the Negotiable Instruments Act. The judgment of conviction and sentence has been upheld by the learned Additional Sessions Judge, Shimla.

(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. Saved Babalal H., 2010 5 SCC 663.

(3.) Learned Counsel, under instructions, submits that the petitioner has deposited the entire amount of compensation, so awarded by the trial Court, vide judgment dated 15.11.2011/21.11.2011, as affirmed by the learned Additional Sessions Judge, Shimla, before the trial Court. Petitioner, through his learned Counsel, undertakes to deposit 15% of Rs. 27,000/-, i.e. amount of cheque, in the Registry of this Court within four weeks, which shall be remitted to the H.P. Legal Services Authority. Respondent No. 1-complainant is at liberty to withdraw the amount deposited by the petitioner in the trial Court.