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Judgment
9 paragraphs · 243 wordsLeave granted.
No one appears on behalf of respondent No.1 despite valid service of notice.
The appellant has been convicted under Sectioon 138 of the Negoitable Instruments Act and sentenced to undergo one year simple imprisonment. He has been further directed to pay compensation of Rs. 2,80,000/-.
Learned counsel for the appellant submits that a demand draft bearing No.256872 dated 26.08.2019 for a sum of Rs. 2,80,000/- has been deposited in the Registry. An affidavit is filed by the appellant during the course of the proceedings which is taken on record. Paragraph 5 of the affidavit reads as under:
"That the deponent further submits he undertakes in this affidavit that he will renew the Demand draft No.256872 dated 26-08-2019 which expired on 27-11-2019 and deposit the same before this Hon'ble Court or will abide on any directions from this Hon'ble Court".
We have heard the counsel for the State also.
Considering the nature of the offence as compoundable the deposit made by the appellant, we set aside the impugned order of sentence and dispose of the present appeal in terms of compounding. It shall be open for respondent No.1 to file an appropriate application for revalidation of the demand draft and release of the amount whereupon the appellant in accordance with his undertaking shall renew the demand draft and hand it over to respondent No.1.
Copy of this order may be forwarded to respondent No.1 for the needful.
The appeal stands disposed of.