HAMID MOHAMD Vs. ONKAR NATH

JUDGEMENT

(1.) This petition stands directed against the judgement of the learned Sessions Judge, Solan, District Solan, H.P. rendered in Cr. Appeal No.1-NL/10 of 2016 whereby he affirmed the judgement of the learned Additional Chief Judicial Magistrate, Camp Court No.1., Nalagarh,H.P. convicting and sentencing the accused/petitioner for his committing an offence punishable under section 138 of the Negotiable Instruments Act.

(2.) During the pendency of the revision petition before this Court, the respondent has tendered a compromise deed Ext.P-1 and has made a disclosure in his statement on oath duly reduced into writing and signatured by him qua the entire amount embodied in the dishonoured negotiable instrument standing liquidated by the petitioner vis -vis him besides he has made a disclosure therein of his holding no objection, if this Court orders for composition of the offence constituted under section 138 of the Negotiable Instruments Act. Given the disclosure aforesaid, comprised in the statement recorded before this Court of the respondent, statement whereof stand(s) duly reduced into writing and signatured by him, this Court is constrained to order for the composition of the offence constituted by the dishonour of negotiable instrument. In sequel the impugned judgement of the learned Sessions Judge, Solan H.P. rendered in Cr. Appeal No.1-NL/10 of 2016 whereby he affirmed the judgement of the learned Additional Chief Judicial Magistrate, Camp Court No.1., Nalagarh,H.P. convicting and sentencing the accused/petitioner, for his committing an offence punishable under section 138 of the Negotiable Instruments Act, is set-aside.

(3.) The accused is acquitted of the offence for which he stood charged, tried besides convicted and sentenced. However, the Revisionist/accused is also directed to deposit 15% of the cheque amount before the H.P.State Legal Services Authority. However, it is made clear that the aforesaid order shall take effect only when the revisionist/accused deposits 15% of the amount comprised in the dishonored Cheque before the H.P.State Legal Services Authority. The release order be made thereafter.