JASWANT SINGH THAKUR Vs. HAMINDER THAKUR

JUDGEMENT

(1.) Assailing the judgment dated 19.11.2010, passed by Judicial Magistrate, 1st Class, Court No.(3), Shimla, in Private Complaint No. 102-3 of 2007, titled as Sh. Haminder Thakur Versus Sh. Jaswant Singh Thakur, as affirmed by the learned Additional Sessions Judge-II, Shimla,H.P., vide judgment dated 26.04.2013, passed in Criminal Appeal No. 23-S/10 of 2011, titled as Shri Jaswant Singh Thakur Versus Shri Haminder Thakur, the accused-petitioner has filed the present Revision Petition under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) It is seen that the trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment of three months and pay compensation of Rs. 1,25,000/- to the petitioner, 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-II, Shimla.

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