SURENDER KUMAR Vs. BALDEV AND ANOTHER

JUDGEMENT

(1.) At this stage, after perusing the affidavit, submitted by the Superintendent of Jail concerned, it appears that the sentence(s) imposed, upon, the convict are still under execution. Consequently, the prayer made by the learned counsel, for the petitioner/convict, qua the instant petition being revived, hence is accepted, significantly, when the liberty, of the petitioner, is at stake.

(2.) The instant petition stands instituted, at the instance of the petitioner herein, under Section 397 read with Section 401 of the Code of Criminal Procedure, and, is directed, against the judgment of conviction recorded by the learned Additional Sessions Judge, Mandi (Camp at Karsog) in cr. Appeal No. 39/2011, of 8.12011, whereby, he affirmed, the, conviction recorded by the learned Judicial Magistrate, 1st Class, Karsog, Mandi, in case No. 3-1/2010 , upon the accused/petitioner, for his committing an offence punishable under Section 138 of the Negotiable Instruments Act, besides modified the imposition, upon, the petitioner/accused, by the learned trial Court, of sentence(s) of simple imprisonment from 2 years to six months, besides his being liable to pay compensation comprised in a sum of Rs. 2,30, 000/-.

(3.) During the pendency of the instant revision petition before this Court, the learned counsel appearing for the contesting parties, have hereat made, a joint prayer qua this Court proceeding, to record an order for compounding, the, offence constituted, by the dishonour of negotiable instrument, issued by the petitioner/accused vis-avis the respondent-complainant. The respondent/complainant, has, in his signatured statement, rendered on oath, made a disclosure therein, of the entire liabilities arising out of dishonour of negotiable instrument, standing, liquidated vis-'-vis him, by the petitioner/accused. He makes a prayer in his signatured statement, that hence this Court proceeding to record an order, for compounding, the, offence arising out of dishonour, of, negotiable instrument.