BAHADUR SINGH Vs. FIRM NAGPAL BROTHERS AND OTHERS

JUDGEMENT

(1.) This revision petition has been filed against the judgment dated 30.01.2018 passed by the Additional Session Judge, Anoopgarh, District Sri Ganganagar whereby the appeal filed against the judgment dated 07.08.2012 passed by the learned Judicial Magistrate of First Calss, Anoopgarh, District Sri Ganganagar for offence under Section 138 N.I. Act has been affirmed and the petitioner sentenced to undergo two years simple imprisonment along with fine in the sum of Rs.3,00,000/-.

(2.) Counsel for the petitioner submits that the petitioner and complainant-respondent have entered into a compromise in the spirit of Lok Adalat and the complainant-respondent has received all the amount from the petitioner and does not want to proceed in the matter, therefore, the sentence of imprisonment awarded to the petitioner may be set aside. The copy of the written compromise dated 19.07.2018 passed over to this Court during the course of arguments is taken on record.

(3.) Having considered the facts and circumstances of the case, since the parties have settled the dispute and complainant respondent has accepted the sum towards full and final settlement of dispute on the satisfaction of the complainant and in the light of provisions of Section 147 of NI Act and in view of law laid down by the Hon'ble Apex Court in the case of Damodar S. Prabhu v. Sayed Babalal H. reported in 2010 (5) SCC 663 , the sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside.