RAJAN CHOPRA Vs. UTTAM CHAND

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India read with Section 482 Cr.P.C. has been preferred by the petitioner with a prayer to quash and set-aside the order dated 16.3.2013 passed by the Lok Adalat, Kullu whereby his complaint under Section 138 of the Negotiable Instruments Act, (for short 'Act') was compounded.

(2.) The facts as pleaded are that the petitioner filed a complaint under Section 138 of the Act against the respondent for dishonouring cheque of Rs. 50,000/- which was returned with the remarks "funds insufficient". After issuing the statutory notice, the proceedings under Section 138 of the Act were initiated and the respondent came to be convicted and sentenced to undergo simple imprisonment of one year and the petitioner was awarded compensation to the tune of Rs. 80,000/-. In default of payment, the respondent was further directed to undergo imprisonment of two months.

(3.) The respondent preferred an appeal before the learned Sessions Judge, Kullu, and upon the notice, the petitioner engaged the services of Sh. Vivek Thakur, Advocate. The criminal appeal came to be listed before the Lok Adalat on 16.3.2013. The statement of the respondent was recorded and on behalf of the petitioner, the statement of one Sudhir Bhatnagar, Advocate was recorded. On the basis of the statement recorded, the appeal was disposed of as having been compromised and the offence was compounded.