HARDAYAL SINGH Vs. RAJINDER SINGH THAKUR AND OTHERS

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 complainant/respondent No.1 instituted a complaint under Section 138 of the Negotiable Instruments Act (for short 'Act') against the petitioner on the allegations that a cheque of Rs.5,00,000/- handed over by the petitioner to respondent No.1 in order to discharge his liability had been dishonoured. The complaint was decided in favour of respondent No.1 by learned Additional Chief Judicial Magistrate, Court No.2, Shimla, H.P., and the petitioner was convicted and sentenced to undergo simple imprisonment for a period of six months for offence punishable under Section 138 of the Act and also directed to pay compensation of Rs.5,50,000/- to complainant/respondent No.1.

(2.) Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 22.09.2014/27.10.2014, though the petitioner preferred an appeal before the learned Sessions Judge, Shimla, however, the same came to be dismissed vide judgment dated 22.09.2016, constraining the petitioner to file the instant revision petition.

(3.) Today, when the case was taken up, learned counsel for the petitioner states that the petitioner has already deposited a sum of Rs. Rs.2,75,000/- before the learned trial Court. Further, petitioner who is present in person, handed over a sum of Rs.2,05,000/- in open Court to learned counsel for respondent No.1. Furthermore, a perusal of the order sheet reveals that a sum of Rs.70,000/- were handed over in Court to learned counsel for respondent No.1 on 01.06.2018. Learned counsel for the petitioner also states that in this way the entire compensation amount stands paid. This statement of learned counsel for the petitioner is not disputed by learned counsel for complainant/respondent No.1. Since the entire compensation amount stands paid, therefore, the matter can be given quietus in terms of the judgments rendered by the Hon'ble Supreme Court.