KEHAR SINGH Vs. RAJ PAL SHARMA

JUDGEMENT

(1.) The instant petition before this Court stands instituted at the instance of the petitioner herein under Section 397 read with Section 401 of the Code of Criminal Procedure and stands directed against the judgment of conviction recorded by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. on 14.5.2015 in Cr. Appeal No. 14/10 of 2015 whereby he affirmed the conviction recorded by the learned trial Court upon the accused/petitioner for his committing an offence punishable under Section 138 of the Negotiable Instruments Act besides, affirmed the imposition . upon the petitioner/accused by the learned trial Court, a sentence of imprisonment for a term of six months besides his being liable to pay to the respondent/complainant compensation in a sum of Rs. 85,000/-.

(2.) During the pendency of the instant revision petition before this Court, the learned counsel appearing for the contesting parties have hereat made a joint prayer qua this Court proceeding to record an order qua composition of the offence constituted by the dishonour of negotiable instrument issued by the petitioner/accused in favour of the respondent- complainant. The learned counsel appearing for the complainant-respondent on instructions received from the complainant/respondent herein, has made a communication hereat qua the liquidation by the petitioner/accused towards him of the amount borrowed by him, amount whereof is borne in the dishonoured negotiable instrument, comprised in Ext. C1. The complainant/respondent in his statement recorded on oath, duly reduced into writing and signatured by him has portrayed therein in respect of the petitioner/accused defraying to him the entire amount comprised in the dishonoured negotiable instrument, defrayment whereof is stated to be in full and final satisfaction of all his claims arising out of the aforesaid dishonoured negotiable instrument issued to him by the petitioner/accused.

(3.) He has also disclosed therein qua this Court accepting the instant revision petition besides this Court ordering for the composition of the offence constituted by the dishonour of the negotiable instrument issued to him by the petitioner/accused.