2021 (12) TMI 894

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....d JMFC-3, Shimla, H.P., in case No. 3061/3 of 2010, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the "Act"), convicted and sentenced him to undergo simple imprisonment for a period of six months and pay compensation to the tune of Rs. 5,00,000/- to the complainant. 2. Precisely, the facts of the case, as emerge from the record are that respondent-complainant instituted a complaint under Section 138 of the Act, in the court of learned JMFC Shimla, alleging therein that it deals with business of housing finance and as such, advanced sum of Rs. 3,00,000/- to the accused vide loan No. 18003404. The accused with ....

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....epeatedly came to be adjourned enabling the accused to make the entire payment on his request. 6. Today during the proceedings the case, learned counsel appearing for the parties fairly state that during the pendency of the present petition, parties have settled their dispute amicably inter-se them. 7. Mr. Rajiv Rai, Advocate, on the instructions of his client, who is present in the Court, states that as per compromise, sum of Rs. 3,25,000/- has been agreed to be paid to the respondent-complainant. He further states that out of the aforesaid amount, Rs. 2,25,000/-, has been paid to the respondent-complainant, whereas sum of Rs. 1,00,000/- lying deposited in the Registry of this court, can be ordered to be released in favour of the res....