RAMZAN MOHAMMAD Vs. PREM SINGH

JUDGEMENT

(1.) SERVICE is complete. The parties who are present in the court in person state that the inter se dispute between them giving rise to filing of a complaint under Section 138 of the Negotiable Instruments Act, 1881, has since been settled vide compromise deed filed in the court which is taken on record as Ext C -1. Statements of the parties recorded separately which also go to support compromise Ext C -1.

(2.) PURSUANT to a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed against the petitioner (accused) by the respondent (complainant), former was convicted and sentenced vide judgment/order dated 25.2.2012/14.3.2012 as under: -

(3.) AS provided under Section 147 of the Negotiable Instruments Act, 1881, the offence under Section 138 of the said Act is compoundable. Accordingly, in view of compromise between the parties as reflected vide compromise deed Ext C -1, the case is disposed of as compromised, subject to the condition that the accused shall deposit a sum of Rs. 22,500/ - (Rupees twenty two thousand five hundred only), that is, 15% of the cheque amount of Rs. 1.50 lacs for composition of the offence by depositing the same with the H.P. State Legal Services Authority in terms of the judgment rendered by the Hon'ble Supreme Court in Damodar S. Prabhu Vs. Sayed Babalal H. : (2010) 5 SCC 663, within 30 days from today. The learned counsel for the accused states at the bar that while filing appeal in the court of learned Additional Sessions Judge, Ghumarwin, District Bilaspur, HP, the accused had deposited a sum of Rs. 30,000/ - pursuant to which the sentence of fine imposed upon him by the learned trial court was suspended during pendency of the said appeal. If it is so and in view of the offence having been compounded, the said sum of Rs. 30,000/ - deposited by the accused in the first appellate court shall be liable to be refunded to him in accordance with law.