Sh.Ramesh Ranta vs Sh.Dinesh Kumar Nanda & another

Petitioner is present in Court. His undertaking by way of an affidavit is taken on record.

Assailing the judgment dated 19.11.2015 / 09.12.2015, passed by Additional Chief Judicial Magistrate, Court No.II, Shimla, H.P., in Case

RBT No. 49-3 of 14/13, titled as Dinesh Kumar Nanda vs. Ramesh Ranta, as affirmed by the learned Additional Sessions Judge (I), Shimla, H.P.,

vide judgment dated 01.09.2016, passed in Criminal Appeal No. 6-S/10 of 2016, titled as Ramesh Ranta vs. Dinesh Kumar Nanda & another,

the petitioner has filed the present Revision Petition under the provisions of Section 397 read with Section 401 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.1,30,000/- to the complainant, in relation to offence punishable under Section 138 of the Negotiable Instruments Act.

The judgment of conviction has been upheld by the learned Additional Sessions Judge(I), Shimla, H.P.

Dispute in question stands amicably resolved between the parties, in view of the ratio of law laid down by the Apex Court in Damodar S.

Prabhu Versus Sayed Babalal H. (2010) 5 SCC 663.

Needless to add, petitioner undertakes to pay the amount of compensation to the respondent on or before 31.08.2018. Petitioner, further

undertakes to deposit 15% of the cheque amount with the Himachal Pradesh State Legal Services Authority, Shimla, within a period of six weeks

from today. Compliance affidavit thereof, be also positively filed within the aforesaid period.

Petitioner''s undertaking is accepted and accordingly offence is directed to be compounded and the judgments of conviction and sentence

passed by the Courts below are set aside.

It is clarified that in the event of non fulfillment of the solemn undertaking furnished by the petitioner to this Court, not only the judgments of

conviction and sentence would automatically revive but also proceedings for violation of the undertaking, under the provisions of the Contempt of

Courts Act as also the Constitution of India, shall be initiated against him.

In view of the aforesaid, proceedings initiated in consequence of the passing of the judgment of conviction shall be deemed to have been

dropped. Petitioner to take appropriate steps of informing the Courts/authorities of such fact. With the aforesaid observations, present petition

stands disposed of, so also the pending applications, if any.