TARA CHAND Vs. RAKESH KASHYAP

JUDGEMENT

(1.) The present criminal revision petition is filed under Section 397 read with section 401 of the Code of Criminal Procedure. Feeling aggrieved by the judgement of conviction passed by the Additional Chief Judicial Magistrate, Theog, Distt. Shimla, in NI Act Complaint No.124-3 of 2012, the convict challenged the same before the learned Sessions Judge, Shimla. It was registered as Cr. Appeal No. 33-T/10 of 2014, titled as Tara Chand vs. Rakesh Kashyap. Vide order dated 21.11.2015, the said appeal was dismissed in default. Feeling aggrieved, the convict filed a Criminal Revision, alongwith application under Section 5 of the Limitation Act, for extension of time in filing the revision. This petition was listed on 19th June, 2019, when the counsel for the petitioner and respondent were present. After issuing notice to the respondent, notice on his behalf was accepted by Shri Vinod Sharma, Advocate. The respondent intended not to file reply to application for extension of time and in fact he did not oppose, if the same was allowed. Thereafter, vide order dated 19th June, 2019, the application for condonation of delay had been allowed.

(2.) At this stage, counsel for the parties stated that the entire matter has been compromised. Both the complainant and accused were present in Court. On this the statements of the complainant as well as accused were recorded, in which they said that they had compromised the matter, without any coercion, duress and pressure.

(3.) The gist of the complaint filed by the complainant/respondent, under Section 138 of the Negotiable Instrument Act is as follows:-