KISHORI LAL Vs. GIAN CHAND AND ANOTHER

JUDGEMENT

(1.) Looking to the nature of order, I propose to pass, it is not at all necessary to deal with the facts in detail. Suffice it to state that complainant-respondent No.1 filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act (for short 'Act') which after trial was allowed by the trial Magistrate and the petitioner was ordered to be convicted and sentenced to undergo simple imprisonment for a period of six months and to pay compensation in the sum of Rs.5, 80, 000/- to complainant-respondent No.1. The petitioner filed an appeal assailing the aforesaid conviction and sentence and the same was upheld by the learned Additional Sessions Judge-I, Mandi, District Mandi, H.P. It is thereafter that the petitioner has filed the instant revision petition assailing the judgments of conviction and sentence as passed by the learned Courts below.

(2.) Today, the petitioner and respondent No.1 are present in person before this Court and identified as such by their respective counsel(s) . Learned counsel for the petitioner states that the petitioner has deposited the entire compensation amount of Rs.5, 80, 000/- in the Court of learned trial Magistrate. His statement is not disputed by learned counsel for respondent No.1.

(3.) Since the petitioner has deposited the entire compensation amount, learned counsel for respondent No.1 states that his client is no more interested to pursue this complaint against the petitioner. The amount deposited before the learned trial Court be released in favour of complainant/respondent No.1 as per procedure.