JOGINDER KANWAR Vs. KAY KAY TRADING COMPANY

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 Additional Sessions Judge (I), Shimla, in cr. Appeal No.80- S/10 of 2012, whereby he affirmed the conviction recorded by the learned Judicial Magistrate, 1st Class, Court No. 3, Shimla, District Shimla, H.P. in criminal case No.420-3 of 2011, 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 imprisonment, for a period of six months, besides his being liable to pay compensation comprised in a sum of Rs.1,25,000.00

(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 issued by the petitioner/accused vis-vis the respondent-complainant.

(3.) The learned counsel for the respondent/complainant, has, in his signatured statement, rendered without oath, made a disclosure therein, of the entire liabilities arising out of dishonour of negotiable instrument standing liquidated vis-vis the respondent/complainant, by the petitioner/accused. Further more, he makes a prayer in his signatured statement, of this Court, hence, proceeding to record an order for compounding the offence arising out of dishonour of negotiable instrument. The aforesaid statement rendered by the learned counsel for the respondent, is accepted, by the petitioner/convict.