NEETA RAM Vs. RAVINDER SINGH CHANDEL

JUDGEMENT

(1.) Present Revision Petition has been filed assailing judgment passed by learned Sessions Judge, (Forest), Shimla, H.P. in Cr. Appeal RBT No. 46-S/10 of 2017, dtd. 6/6/2018, whereby judgment and order of conviction passed by learned Judicial Magistrate, 1st Class, Chopal, District Shimla, dtd. 7/12/2016 in complaint No. 139-3 of 2014, convicting and sentencing the petitioner-accused to undergo simple imprisonment for one year and to pay fine of Rs.6,00,000.00, as compensation, has been affirmed.

(2.) Petitioner/Accused, present in person in the Court, states that matter has been amicably settled with the respondent/complainant and as per compromise Rs.2,80,000.00 deposited by him in the trial Court is to be released to respondent/complainant and remaining amount of Rs.4,20,000.00 has to be paid by him in two equal installments of Rs.2,10,000.00 each, out of which first installment of Rs.2,10,000.00 shall be paid on or before 20/3/2019 and second installment of Rs.2,10,000.00 shall be paid on or before 31/5/2019 and in turn, respondent/complainant has agreed to withdraw the complaint and to compound the matter. Respondent/complainant, also present in person, has endorsed submissions of petitioner in his separate statement recorded on oath. Both of them stated that matter has been compromised out of free will and consent and without any pressure, threat or coercion.

(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and complaint arising out of dishonour of cheque under Sec. 138 of the Negotiable Instruments Act is permitted to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside.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.