BHOOP RAM Vs. RAKESH AHUJA AND ANOTHER

JUDGEMENT

(1.) Present revision petition has been filed assailing judgment passed by learned Additional Sessions Judge (I), Shimla, District Shimla H.P. in Cr. Appeal No. 49-S/10 of 2013, dated 1.8.2016, affirming judgment and order of conviction passed by learned Judicial Magistrate 1st Class, Court No.III, Shimla H.P., dated 30.10.2012 and 3.6.2013 in complaint No. RBT No. 2908-3 of 2010/07, convicting and sentencing the petitioner/accused to undergo simple imprisonment for the period of six months and to pay compensation of Rs.1,40,000/- to the complainant.

(2.) Petitioner and respondent No.1 are present in Court, who are duly identified by their respective counsel. They have stated that matter has been compromised and as per compromise, Rs.3,25,000/-, in total, is to be paid by petitioner or on his behalf to respondent No.1/complainant and therefore, amount of Rs.1,40,000/-, deposited in Registry of this Court by petitioner, is to be released in favour of respondent No.1/complainant and for payment of remaining amount of Rs.1,85,000/-, petitioner has handed over a cheque to respondent No. 1 bearing No. 911894, dated 18.4.2017, drawn on State Bank of India, Sarahan, (Bushar), Tehsil Rampur Bushehr, District Shimla, issued by his real brother Mr.Durga Singh, son of late Shri Shiv Saran Singh and in turn, respondent No.1/complainant has prayed for permission to withdraw the complaint for compounding the matter as compromised. Separate statements of both of them have been recorded.

(3.) Consequently, respondent/complainant is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonour of cheque under Section 138 of Negotiable Instrument Act is permitted to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside. Petitioner/accused is acquitted of the accusation framed against him.