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Judgment
20 paragraphs · 363 wordsRavindra Maithani, J
The instant revision is preferred against the conviction of the revisionist under Section 138 of the Negotiable Instrument Act, 1881 (for short “the
Actâ€). He was convicted and sentenced to one year simple imprisonment with a fine of Rs.2,62,000/-. The judgment and order passed by the trial
court was further confirmed in the appeal.
In the instant revision, the revisionist and respondent no. 2, the complainant filed the compounding application along with the affidavit of revisionist
and respondent no. 2.
Heard learned counsel for the parties through Video Conferencing and perused the record.
Revisionist Sonu is present in person before the Court duly identified by Mr. Amit Kapri, Advocate and respondent no. 2 Manoj Pal is also present
in person before the Court duly identified by Mr. Deep Prakash Bhatt, Advocate. Both are heard through Video Conferencing. Respondent no. 2 has
verified the compromise and submits that the revisionist has deposited Rs.55,500/- in the trial court, which he has to receive as per their settlement.
The revisionist Sonu also verified the compromise and tells that he had deposited Rs.10,000/- fine and Rs.55,500/- in the trial court which, as per
compromise will be released in favour of the respondent no. 2.
The total amount involved is Rs.2,52,000/-. In view of the judgment passed in the case of Damodar S. Prabhu Vs. Sayed Babalal H., (2010) 5 SCC
663, 15% of the amount of cheque i.e. Rs.37,800/-has been deposited with the State Legal Services Authority, Nainital.
Since parties have entered into compromise which has been verified, the revisionist is acquitted of the charge under Section 138 of the Act. The
amount of Rs.55,500/- deposited in the trial court by the revisionist shall be released in favour of respondent no. 2- Manoj Pal, the complainant.
Accordingly, the instant criminal revision is allowed. The judgment and order dated 18.03.2020 passed by learned Sessions Judge, Champawat in
Criminal Appeal No. 10 of 2019 and as well as the judgment and order dated 24.12.2018 passed by learned Judicial Magistrate,-1st, Tanakpur, District
Champawat in Criminal Case No. 12 of 2017 are hereby set-aside.
Compounding application stands disposed of accordingly.