PARVESH NEGI Vs. SUBHASH SINGLA AND ANOTHER

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 Sec. 138 of the Negotiable Instruments Act (for short 'Act') against the petitioner on the allegations that a cheque of Rs.1,80,000.00 handed over by the petitioner to respondent No.1 in order to discharge her liability had been dishonoured. The complaint was decided in favour of respondent No.1 by the learned Judicial Magistrate Ist Class, Court No.II, Solan, District Solan, H.P. and the petitioner was sentenced to undergo simple imprisonment for a period of one month and also directed to pay compensation of Rs.1,80,000.00 to complainant/respondent No.1.

(2.) Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 12.10.2017 though the petitioner preferred an appeal before the learned Sessions Judge, Solan, however, the same came to be dismissed vide judgment dated 23.06.2018, constraining the petitioner to file the instant revision petition.

(3.) Today, when the case was taken up, learned counsel for the petitioner produced a copy of order dated 30.12.2017 passed by the learned Judicial Magistrate Ist Class, Solan, District Solan, which revealed that a sum of Rs.1,80,000.00 was deposited before it by the petitioner vide cheque No.010439 dated 30.12.2017. The copy of the aforesaid order is taken on record. Learned counsel for the petitioner further states that since entire compensation amount stands deposited, the case be compounded.