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Judgment
Leave granted.
This appeal arises out of final order and judgment dated 17th May, 2018 passed by the High Court of Himachal Pradesh in Criminal Revision No.163/2012 whereby revision filed by the appellant was dismissed.
Learned counsel for the appellant at the outset stated that the appellant is prepared to pay a sum of Rs.3,00,000/- (Rs.Three lakh) by way of demand draft to the respondent No.2 against the defaulted sum which is subject matter of Section 138 NI proceedings out of which this appeal arises. The said demand draft is also handed over today by the learned counsel for the appellant to learned counsel for the respondent No.2 for being handed over to respondent No.2.
Learned counsel for the appellant then submits that out of total amount payable i.e. Rs.3,50,000/-(Rs.Three lakh and fifty thousand), a sum of Rs.50,000/-(Rs.Fifty thousand) is lying with the trial court in deposit. We permit the respondent No.2 to withdraw the said amount from the trial court after proper verification.
In this way, the appellant has now paid the entire sum of Rs.3,50,000/- (Rs.Three lakh fifty thousand) to the respondent No.2 for which Section 138 proceedings had been initiated by the respondent No.2 against the appellant. We are, therefore, not required to go into the merits of the controversy.
The appeal thus is allowed; the impugned order convicting and sentencing the appellant in connection with the offence punishable under Section 138 of Negotiable Instruments Act, 1881 stands set aside.