SUBHADRA THAKUR Vs. HIMACHAL GRAMIN BANK

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 the 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 in order to liquidate the overdue amount, the petitioner issued a cheque bearing No.120941 for a sum of Rs.2,30,000.00 on 7/2/2012 to the complainant/respondent No.1-Bank. But the said cheque was dishonoured by the bank on its presentation on the ground of 'insufficient funds'. The complaint was decided in favour of respondent No.1/complainant by the learned trial Magistrate and the petitioner was sentenced to undergo simple imprisonment for a period of nine months and to pay a compensation of Rs.2,70,000.00 to the complainant.

(2.) Aggrieved by the judgment of conviction and sentence passed by the learned trial Magistrate on 9/12/2014, the petitioner preferred an appeal before the learned Additional Sessions Judge (1), Mandi, Camp at Karsog, District Mandi, H.P. in Criminal Appeal No.09/2015,76/14, however, the same came to be dismissed vide judgment dtd. 7/1/2016, constraining the petitioner to file the instant revision petition.

(3.) Today, when the case was taken up, the learned counsel for the petitioner stated that a sum of Rs.30,000.00 has been handed over to Ms. Devyani Sharma, learned counsel for respondent No.1/Bank, in cash, and a sum of Rs.27,000.00 already stands deposited by the petitioner in the trial Court and the matter has been settled between the parties. This statement of learned counsel for the petitioner is not disputed by Ms. Devyani Sharma, learned counsel for respondent No.1/complainant. She stated that the amount deposited by the petitioner in the trial Court may be released in favour of the complainant/respondent No.1-Bank. Since the petitioner has deposited the entire compensation amount of Rs.2,70,000.00 therefore, the matter can be given quietus in terms of the judgments rendered by the Hon'ble Supreme Court.