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Judgment
S. Ashok Kumar, J.—Today a joint memo of compromise signed by the accused as well as the appellant has been produced in Court in
pursuance of the non bailable warrant issued by this court after finding that the respondent/accused is guilty of the offence punishable u/s 138 of the
Negotiable Instruments Act and is liable for punishment, by judgment dated 15.6.2006.
The respondent/accused has been produced by the Police and the complainant is also present in court. In the Joint Memo of Compromise it is
stated that the entire cheque amount of Rs.50,000/= has been paid by the respondent/accused on 29.6.2006. Since the liability under the cheque
has been discharged, it is a mitigating circumstance in the matter of awarding punishment.
In a similar nature of dispute u/s 138 of the Negotiable Instruments Act, which ended in compromise, Sayeed Ishaque Memon v. Ansari Nazeer
Ahamed and Anr. reported in 2006 1 SCC 533 (Cri) , the Hon''ble Supreme Court has held as follows:
In the present case both the parties have filed joint petitions for compromise and they have compromised their disputes in both the cases. In our
view, compromise is lawful, as such we accord permission to compromise the same.
In view of the above settled position of law on the question of law, as observed by the Hon''ble Supreme Court, the compromise entered
between the parties herein is recorded and the Criminal Appeal is dismissed.
The non bailable warrant issued by this court for the production of the accused is recalled and the respondent/accused is set at liberty.