TaxTMI 
TaxTMI 
2022 (1) TMI 753
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.... Chakkal, counsel appearing for respondent No.1 have raised no objection in this regard. In view of this, let the main case be preponed from 10.01.2022 to today itself and the same is taken up on Board for final hearing alongwith the present application. Challenge in the present Criminal Revision is to the judgment dated 24.07.2018 vide which the petitioner had been convicted under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act of 1881") and had been sentenced to undergo simple imprisonment for a period of one year and had further been directed to pay a fine of Rs. 10,000/- for the commission of offence punishable under Section 138 of the Act of 1881 by the Judicial Magistrate, Ist Class, Rupn....
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....1321-2021. The same is reproduced hereinbelow:- "ONE HUNDRED RUPEES stamp paper INDIA NON JUDICIAL AM 955739 Mutual decision Amarjit Kaur (Aadhar Card No.6210-4161-5211) Wife Balwinder Singh, resident of Ward No.6, Bhurar Road, Sri Chamkaur Sahib, Tehsil Sri Chamkaur Sahib, District Rupnagar. First Party And Amarjit Singh (Aadhar Card No.7184-7959-4116) son of Surat Ram, resident of Village Mane Majra Road, Tehsil Complex Shri Chamkaur Sahib, Tehsil Shri Chamkaur Sahib, District Rupnagar, Hallabad District Jail, Rupnagar, Bajria his friend Sandeep Sharma son Sadhu Ram Sharma, resident house no.152, Ward No.4, Morinda, Tehsil Morinda Rupnagar The other side Today, on 17.11.2021, both the ....
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....s made with the statement dated 26.06.2015 to Rupinder Kaur, regarding which the current cheque was in dispute, and no transaction of that statement is pending and Amarjit Kaur will not file a case for that earnest money-biyaana. 6) That in Amarjit Singh appeal if it is required to acquit him or make compounding done, expenses will have to borne by Amarjit Singh. 7) That from today onwards there is nothing disputed left between the two parties and both the parties will not sue or make applications against each other. The conditions set forth in the above mutual agreement Both parties read, listened and accepted the signatures in the presence of witnesses without any fear or pressure. The agreement has bee....
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....ide as the matter has been amicably settled. Learned counsel for respondent No.2-State has submitted that since the matter pertains to Section 138 of the Act of 1881 and the offence is compoundable, thus, the State would have no objection in case the matter is disposed of and as the matter has been compromised, in fact, the State has no role to play in the same. This Court has heard the learned counsel for the parties. From the above facts, it is apparent that both the contesting parties are ad idem that the compromise has been duly effected between the parties without any pressure, threat or undue influence and the terms of the said compromise have been duly complied with. The compromise would go a long way in maintaining peace an....
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....7, would be squarely fortified if the compromise in question is allowed to be effected between the parties with leave of the Court. In view of aforesaid, impugned judgment dated 19.01.2017 passed by Additional Sessions Judge, Sri Muktsar Sahib vide which conviction and sentence of the petitioner was upheld stands quashed. The revision petition is allowed subject to deposit of 15% of the cheque amount as per ratio laid down in Damodar S. Prabhu's case (supra) to State Legal Services Authority, failing which this order will be of no consequence. Necessary consequences to follow." Reliance in the abovesaid judgment was also placed upon the judgment of Hon'ble Supreme Court in Damodar S. Prabhu Vs. Sayed Babalal H, ....