ZAKIR MOHAMMAD YOUSUF WADOO Vs. SAHIL JEWELLERS

JUDGEMENT

(1.) By this revision petition, the petitioner has challenged judgment dtd. 30/10/2015 passed by Additional Sessions Judge, Srinagar, whereby learned Sessions Judge has upheld the judgment dt. 12/8/2014 passed by Judicial Magistrate 1st Class (1st Additional Munsiff), Srinagar, whereby, in a complaint under Sec. 138 of the Negotiable Instruments Act (NI Act) filed by respondent, the petitioner has been convicted for the commission of offence under Sec. 138 of the NI Act and he has been sentenced to undergo simple imprisonment for a period of one year and to pay compensation of Rs.1,13,080.00 to the respondent. However, the learned Revisional Court has modified the judgment of conviction passed by the learned trial Magistrate to the extent that the direction with regard to payment of compensation has been set aside.

(2.) It appears that the complaint that was filed by the respondent against the petitioner herein owed its genesis to two cheques, one bearing No.6876847 dtd. 16/6/2006 for an amount of Rs.39140.00 and the other one bearing No.6876846 dtd. 17/6/2006 for an amount of Rs.17400.00. Both these cheques were drawn by the petitioner in favour of the respondent on account of cost of certain jewellery items which the petitioner had purchased from the respondent.

(3.) During the pendency of this revision petition, the parties have entered into a compromise and a compromise agreement in this regard has been placed on record. The statements of the parties in proof of the settlement have also been recorded by the Registrar Judicial, whereby they admitted its execution as well as its contents. The relevant terms of the settlement are reproduced as under: