SUNIL KUMAR Vs. NARAYAN DASS

JUDGEMENT

(1.) The instant petition stands instituted at the instance of the petitioner herein under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure and is directed against the judgment of conviction recorded by the learned Sessions Judge, Shimla, in cr. Appeal No. 74-s/10 of 2014, whereby he affirmed the conviction recorded by the learned Additional Chief Judicial Magistrate, Court No. 2, Shimla, District Shimla, H.P., on 2/8/2014/27/8/2014, in case No. 1853-3 of 2014/12, upon the accused/petitioner, for his committing an offence punishable under Sec. 138 of the Negotiable Instruments Act besides affirmed the imposition upon the petitioner/accused by the learned trial Court, of sentence of simple imprisonment, for a period of six months, besides, vis- -vis, his being liable to pay compensation comprised, in a sum, of Rs.3,70,000.00

(2.) 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, as, issued by the petitioner/accused, vis -vis, the respondent-complainant.

(3.) 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 rather standing liquidated vis- -vis him, by the petitioner/accused. He makes a prayer in his signatured statement, that in case a sum of Rs.2,70,000.00, lying deposited before the Registry of this Court, and a sum of Rs.1,00,000.00 lying deposited before the trial Court, is are ordered to be released in his favour, thereupon this Court may proceed to record an order, for compounding the offence arising out of dishonour of negotiable instrument. The aforesaid statement rendered by the respondent, is accepted, by the learned counsel appearing for the petitioner/convict.