Gurbachan Singh vs Kartar Singh and Another

Sanjay Karol, J.—Assailing the judgment dated 31.3.2009, passed by learned Chief Judicial Magistrate, Shimla, in Cr. Case No. 10/3 of 2001, titled as Kartar Singh versus Gurbachan Singh, as affirmed by the learned Sessions Judge (Forests), Shimla, vide judgment dated 22.6.2013, passed in Criminal Appeal No. 7-S/10 of 12/09, titled as Gurbachan Singh versus Kartar Singh, the accused-petitioner has filed the present Revision Petition under the provisions of Section 401 read with Section 397 of the Code of Criminal Procedure, 1973. It is seen that the Trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of one month and pay compensation of Rs. 1,90,000/-, out of which a sum of Rs. 1,85,000/- has been ordered to be paid to the complainant, in relation to offence punishable u/s 138 of the Negotiable Instruments Act. The judgment of conviction and sentence has been upheld by the learned Sessions Judge (Forests), Shimla.

Parties have amicably resolved their dispute, in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H.,

Petitioner has paid the amount of cheque, i.e. Rs. 1,60,000/- to the respondent, which has been accepted by the respondent as full and final payment of the subject matter, which is evident from order dated 19.9.2013, passed in this petition. Petitioner has also deposited 15% of the cheque amount, i.e. Rs. 24,000/- with the State Legal Services Authority. Hence, in view of the above, the offence is compounded and the judgments of conviction and sentence passed by the Courts below are set aside.

With the aforesaid observations, present Revision Petition stands disposed of, so also the pending application, if any.