Joginder Singh vs Vishnu Dutt and Another

Suresh Kait, J.—Vide order dated 16.09.2011, the following order was passed.

The Learned Counsel for the Petitioner submits that vide judgment dated 27th April, 2011, the Petitioner was held guilty for the offence punishable u/s 138 of the Negotiable Instruments Act and vide order dated 29th April, 2011, the Petitioner was sentenced to undergo simple imprisonment for a period of one year and compensation of Rs. 65,000/- was granted in favour of the complainant to be paid by the convict/Appellant within one month from the said order.

The learned Metropolitan Magistrate, on the even date, considered the application u/s 389 of the Code of Criminal Procedure being filed on behalf of the convict for suspension of sentence to file an appeal against the order. In the aforesaid order, the sentence of the Petitioner was suspended for a period of one month from that date to enable him to do the needful and till then, the learned MM has admitted the convict on bail till 30th May, 2011.

Being aggrieved, the Petitioner filed the appeal before the Sessions Court. Vide judgment dated 9th September, 2011 the learned Addl. Sessions Judge has modified the sentence from one year to three months and the amount of compensation was enhanced from Rs. 65,000/- to Rs. 90,000/-. During the pendency of the appeal, the Petitioner has deposited Rs. 48,000/-; proof of the same is on record.

Learned Counsel for the Petitioner further submits that the Petitioner is already in jail since 9th September, 2011 and he is ready to pay the remaining amount and wants to settle the issue with the Respondent.

Learned Counsel for the Petitioner submits that the balance amount of Rs. 42,000/- as agreed on the last date of hearing has already been given to Respondent No. 1/Complainant. The Respondent No. 1 had accepted the same without any protest.

Respondent No. 1/complainant is personally present in the court today and submits that he has settled his disputes and all the issues qua the complaint filed before the learned trial Judge bearing CCNo. 567/2009 with the Petitioner.

He further submits that in view of the settlement, he does not want to pursue the case further.

Vide judgment dated 27.04.2011, the Petitioner was held guilty for the offences punishable under Sections 138/142 of Negotiable Instruments Act and vide order on sentence dated 29.04.2011, he was sentenced to undergo SI for a period of one year and compensation for an amount of Rs. 65,000/- to be given by the Petitioner in favour of complainant/Respondent No. 1.

Aggrieved by the judgment and order on sentence passed by learned MM, the Petitioner preferred an appeal before learned Additional Sessions Judge, and vide order dated 09.09.2011 passed by learned Additional Sessions Judge, the order on sentence dated 29.04.2011 was modified and the sentence of the Petitioner was reduced to SI for a period of 3 months and the compensation amount was enhanced from Rs. 65,000/- to Rs. 90,000/-.

It is submitted that u/s 320(8) of Code of Criminal Procedure., the complaint stands satisfied which may lead to acquittal of Petitioner, therefore, it is requested that the Petitioner be acquitted from the charges punishable under Sections 138/142 Negotiable Instruments Act.

Learned Counsel for the Respondent No. 1/complainant submits that the amount of Rs. 48,000/- out of the total settled amount of Rs. 90,000/- were deposited in the trial court, and that amount may be directed to be released in favour of Respondent No. 1.

In the above mentioned facts and circumstances, and in view of the statement made by Respondent No. 1, I acquit the Petitioner from the charges under Sections 138/142 NI Act, as the complaint has been compromised.

The Petitioner be released from Jail, if not warranted in any other case.

The Bail Bonds and Surety bonds of the Petitioner stands cancelled.

The surety stands discharged.

I direct that the amount of Rs. 48,000/- deposited in the trial court out of the total settled amount of Rs. 90,000/- be released in favour of Respondent No. 1/complainant. 14. Criminal Revision Petition No. 412/2011 & Criminal M.A. 11695/2011 are disposed of in the above terMs.

Copy of the order be sent to the concerned Jail Authority for information and compliance.