SURINDER VERMA Vs. HARPREET SINGH

JUDGEMENT

(1.) Looking to the nature of order, I propose to pass, it is not at all necessary to delve into the facts in detail. Suffice it to state that the complainant/respondent instituted a complaint under Sec. 138 of the Negotiable Instruments Act (for short 'Act') against the petitioner on the allegations that cheques of Rs.4,05,000.00 handed over by the petitioner to the complainant/respondent in order to discharge his liability had been dishonoured. The complaint was decided in favour of the complainant/respondent by the learned trial Magistrate and the petitioner was sentenced to undergo simple imprisonment for six months and to pay compensation of Rs.4,25,000.00 to the complainant/respondent.

(2.) Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 17.1.2013/5.4.2013, though the petitioner preferred an appeal before the learned Additional Sessions Judge-I, Shimla, H.P., however, the same came to be dismissed vide judgment dated 7.5.2015, constraining the petitioner to file the instant revision petition.

(3.) Today, when the case was taken up, it is jointly represented by the learned counsel(s) for the parties that the matter has been amicably settled. An amount of Rs.50,000.00 has been handed over/paid to learned counsel for the respondent in the open Court, which is accepted and acknowledged by him. As regards the balance amount of Rs.70,000.00, it is represented by learned counsel for the petitioner that a post-dated cheque of Rs.70,000.00 dated 31.12.2018 has been handed over to learned counsel for the respondent. This statement of learned counsel for the petitioner is not disputed by the learned counsel for the complainant/respondent. He stated that the amount deposited by the petitioner before this Court or before the Courts below may be released in favour of the complainant/respondent Since the petitioner has deposited the entire compensation amount of Rs.4,25,000.00 therefore, the matter can be given quietus in terms of the judgments rendered by the Honourable Supreme Court.