TARUN DOGRA Vs. HIMANSHU SHARMA

JUDGEMENT

(1.) Assailing the judgment dated 25.7.2014, passed by Additional Chief Judicial Magistrate, Court No.(2) , Shimla, H.P., in Case No.2131-3 of 2014/12, titled as Sh. Himanshu Sharma vs. Sh. Tarun Dogra, as affirmed by the learned Additional Sessions Judge-(1) , Shimla, H.P., in Cr. Appeal No.76-S/10 of 2014, titled as Tarun Dogra vs. Himanshu Sharma, the accused-petitioner has filed the present Revision Petition under the provisions of Sections 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) It is seen that the Trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of six months and pay compensation of Rs. 40, 000/- to the complainant, in relation to offence punishable under Section 138 of the Negotiable Instruments Act. The judgment of conviction and sentence has been upheld/affirmed subject to mild modification that the compensation amount stood reduced from Rs. 40, 000/- to Rs. 25, 000/- by the learned Additional Sessions Judge-(1) , Shimla, H.P.

(3.) Parties have amicably resolved their dispute, in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu versus Sayed Babalal H., (2010) 5 SCC 66