TANUJ SHARMA Vs. MINAKSHI GUPTA

JUDGEMENT

(1.) Present revision petition has been filed assailing judgment passed by learned Sessions Judge, Sirmaur at Nahan, District Sirmaur H.P. in Cr. Appeal No. 20-Cr.A T/10 of 2016, dated 8.9.2017, affirming judgment and order of conviction passed by learned Chief Judicial Magistrate, Sirmaur at Nahan, District Sirmaur, dated 23.3.2016 in complaint No. 1/3 of 2014 under Sec. 138 of Negotiable Instrument Act convicting and sentencing the petitioner/accused to undergo imprisonment for a period of three months and to pay compensation of Rs. 4,30,000.00.

(2.) Petitioner and respondent No. 1 are present in Court and have stated that the matter has been amicably settled between them and as per compromise, the amount deposited by the accused/petitioner in the trial Court amounting to Rs. 43,000.00 and the amount deposited in the Registry of this Court is to be released in favour of respondent No.1/complainant and rest of the amount has already been paid by the accused/petitioner to complainant. In turn, respondent/complainant has prayed for permission to withdraw the complaint for compounding the matter as compromised. Separate statements of both of them have been recorded.

(3.) Consequently, respondent/complainant is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonour of cheque under Sec. 138 of Negotiable Instrument Act is permitted to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside. Petitioner/accused is acquitted of the accusation framed against him.