RAJESH SHARMA Vs. MOHINDER VERMA

JUDGEMENT

(1.) Present revision petition has been filed assailing judgment dated 12.4.2018 passed by learned Additional Sessions Judge, Rampur Bushahr, District Shimla H.P., in Cr. Appeal No. 30-R/10 of 2017, whereby judgment/order dated 18/25.5.2017 passed by learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, in criminal case No. 4-3 of 2016 convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of six months and to pay compensation of Rs. 1,30,000/- to the complainant has been affirmed.

(2.) Respondent Mohinder Verma is present in person and his statement has been recorded on oath. He has stated on oath that he had to receive total amount of Rs. 1,30,000/- from petitioner Rajesh Sharma, out of which, he has paid Rs. 90,000/- in cash and has deposited Rs. 40,000/- in this Court, and that nothing is due to be recovered from the petitioner and in case the said amount of Rs. 40,000/- is released in his favour, he is agree to withdraw the complaint lodged by him and petition be disposed of accordingly by directing the Registry of the High Court to release the amount of Rs. 40,000/- by remitting the same in his bank account No. 2716000100148581, Punjab National Bank, Nirmand (Kullu). He has stated that he has made the statement in Court today out of his free will, consent and also without any fear, threat, pressure 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and complaint arising out of dishonour of cheque under Section 138 of Negotiable Instrument Act is treated to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside.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.