VIRENDER KUMAR Vs. RAJESH KUMAR

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. 106-Cr.A/10 of 2017, dated 5.6.2018, affirming judgment and order of conviction passed by learned Judicial Magistrate 1st Class, Rajgarh District Sirmaur, dated 20.11.2017 in complaint No. 31-3 of 2017 under Sec. 138 of Negotiable Instrument Act convicting and sentencing the petitioner/accused to undergo imprisonment for a period of six months and to pay compensation of Rs. 5,000.00 and in default of payment of fine, further sentenced to undergo additional simple imprisonment for 5 days.

(2.) Petitioner and respondent 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 this Court is to be released in favour of the respondent/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and complaint arising out of dishonour of cheque under Sec. 138 of Negotiable Instrument Act is permitted to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside.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.