2022 (6) TMI 156

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....of conviction and order of sentence dated 29.11.2021, passed by learned Additional Chief Judicial Magistrate, Court No.1, Paonta Sahib, District Sirmaur, H.P., in Criminal case No.68/3 of 2017, whereby learned court below while holding petitioner-accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for a period of two years 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 (hereinafter referred to as the complainant) instituted a complaint under Section 138 of the Negotiable Instruments Act (for short Act) before the Court ....

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....ckdrop, petitioner-accused approached this Court in the instant proceedings, praying therein for his acquittal after setting aside the judgment of conviction and order of sentence recorded by Court below. 5. Vide order dated 29.4.2022, this Court while suspending the substantive sentence imposed by learned court below, directed the petitioner-accused to deposit 50% of the compensation amount and furnish bail bonds within a period of four weeks. Though, aforesaid order never came to be complied with but on 27.05.2022 learned counsel representing the petitioner apprised this Court that the parties are in process of settling the dispute amicably interse them and as such, case at hand came to be adjourned for today's date with the direction ....

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....7 of the Act, is accepted. While admitting the contents of the compromise placed on record to be correct, he also admits his signature. His statement is taken on record. 8. Petitioner-accused, Manjeet Kumar on oath states before this Court that as per the compromise arrived interse parties, he has paid sum of Rs.2,50,000/- to the complainant and remaining sum of Rs.1,00,000/- shall positively be paid by him to the complainant within a period of one year, failing which, he would render himself liable for penal consequences as well as contempt of the Court. His statement is taken on record. 9. Having taken note of the fact that both the parties have compromised the matter and in terms of the compromise substantial amount of Rs.2,50,000/....