TaxTMI 
TaxTMI 
2022 (1) TMI 7
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....1"), the petitioner had been convicted under Section 138 of the Act of 1881 and had been sentenced to undergo rigorous imprisonment for a period of one year and was also ordered to pay compensation of an amount of Rs. 75,000/- to the complainant within a period of one month vide order of sentence dated 03.06.2017. Challenge has also been made to the judgment dated 03.03.2020 vide which the appeal preferred by the present petitioner was dismissed for want of prosecution, by the Additional Sessions Judge, Karnal. The brief facts of the case are that respondent No.1-Sudesh Kumari had filed a complaint under Sections 138/142 of the Act of 1881 against the petitioner for dishonour of cheque dated 30.09.2015 for an amount of Rs. 75,000/-. Afte....
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.... Prabhu's case (Supra), the petitioner is ready to deposit an amount of Rs. 11,250/- which is 15% of the cheque amount of Rs. 75,000/- within a period of one month. Learned counsel for respondent No.1/complainant who is presented in the Court has reiterated the fact that the matter has been compromised and has stated that affidavit dated 11.12.2021 (Annexure P-1) is genuine and bona fide and has been entered into without any coercion and undue influence and has no objection in case the present criminal revision is allowed and the judgment of conviction and order of sentence passed against the petitioner is set aside. This Court has heard the learned counsel for the parties and has perused the paper book. The petitioner was convicted ....
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....do not want to take any action regarding complaint No.06/2016. 6) That I have no objection if the bail is granted to the accused in the above said complaint and to close the case. 7) That I am responsible for my above said facts mention in this affidavit. Sd/- Sudesh Kumari Deponent" A perusal of the said affidavit would show that the complainant had submitted that the matter has been compromised and she has no objection in case, the petitioner is granted bail and the matter is closed. Both the counsels have jointly submitted that the said compromise is genuine and bona fide. This Court in a judgment dated 09.03.2017 passed in CRR no.390 of 2017 titled as "Kuldeep Singh vs. Vijay Kumar and another" has held as under:- "Reli....