KRISHAN CHAND Vs. B.R. SHARMA

JUDGEMENT

(1.) In the instant Revision Petition, an application under Sec. 147 of Negotiable Instruments Act (hereinafter referred to as 'the N.I. Act') for compounding of offence punishable under Sec. 138 of the N.I. Act has been filed jointly by the petitioner and the respondent. Since the same is duly supported by separate affidavits of both the parties, hence, no reply is intended to be filed.

(2.) From a perusal of the application, it is evident that a sum of Rs.2,27,000.00 was handed over to the counsel for the respondent in cash and the said fact is not disputed by the learned counsel. Besides, the aforesaid, the balance compensation amoun of Rs.1,43,000.00 has been deposited before the Judicial Magistrate First Class-IV, Shimla.

(3.) Briefs facts giving rise to the case at hand are that on a complaint filed by the present respondent against the petitioner under Sec. 138 of the Act before Judicial Magistrate First Class, Court No.IV, Shimla, District Shimla, H.P., in case No.170 -3 of 2019/14, the petitioner had been convicted and sentenced to undergo simple imprisonment for three months and to pay a compensation amount of Rs.3,70,000.00 to the complainant.