RAJESH SHARMA Vs. PREM SINGH

JUDGEMENT

(1.) Present revision petition has been filed assailing judgment dated 20.3.2018 passed by learned Additional Sessions Judge, Rampur ushahr, District Shimla H.P., in Cr. Appeal No. 24- R/10 of 2017, whereby judgment/order dated 27/29.04.2017 passed by learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, in criminal case No. 237-3 of 2015 convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of six months and to pay Whether Reporters of Local Papers may be allowed to see the judgment? Yes compensation of Rs.55,000/- to the complainant has been affirmed.

(2.) Learned counsel for respondent Prem Singh, under instructions, has stated in his statement that he is duly authorized and competent to make the statement on behalf of the respondent, as instructed by him and according to instructions imparted to him, petitioner Rajesh Sharma had to pay an amount of Rs.55,000/- in total to respondent Prem Singh, but, he has been instructed to make statement that matter has been amicably settled and compromised with applicant/petitioner Rajesh Sharma and according to that compromise, amount deposited by petitioner in the Courts i.e. Rs.22,000/- in the trial Court and Rs.20,000/- in this Court is to be released in favour of Prem Singh by remitting the same in his bank account, particulars whereof shall be furnished in the trial Court and in the Registry of this Court, whereas remaining amount of Rs.13,000/- has been waived off by respondent and he shall not claim that amount in future and in turn, respondent Prem Singh has agreed to withdraw the complaint for compounding the case and petition be disposed of accordingly with direction to release Rs.42,000/- in favour of respondent Prem Singh. He has stated that he has made the statement strictly in accordance with instructions imparted to him by respondent.

(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and complaint arising out of dishonour of cheque under Section 138 of Negotiable Instrument Act is treated to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside.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.