Saravjeet Malhotra vs ICICI Bank Ltd

Sureshwar Thakur, J

The instant petition, stands instituted, at the instance of the petitioner herein, under, Section 397 read with Section 401 of the Code of Criminal Procedure, and, is directed against the judgment of conviction recorded by the learned Additional Sessions Judge, Mandi, in cr. Appeal No.2-X/2010, whereby he affirmed the conviction recorded by the learned Additional Chief Judicial Magistrate-Court No. 1, Mandi, H.P. in complaint No. 98-III/2007, upon the accused/petitioner, for his committing an offence punishable under Section 138 of the Negotiable Instruments Act besides affirmed the imposition upon the petitioner/accused by the learned trial Court, of sentence of simple imprisonment, for a period of six months, besides his being liable to pay fine of Rs. 2000/-

During the pendency of the instant revision petition before this Court, the learned counsel appearing for the contesting parties, have hereat made a joint prayer, qua this Court proceeding to record an order for compounding the offence constituted by the dishonour of negotiable instrument issued by the petitioner/accused, vis-à-vis, the respondent-complainant.

The learned counsel appearing for the respondent/complainant, has, in his signature statement, rendered without oath, made a disclosure therein, qua the entire liabilities arising out of dishonour of negotiable instrument, standing liquidated, vis-à-vis the respondent/complainant, by the petitioner/accused. He makes a prayer in his signatured statement, that in case the entire amount, lying deposited before the Registry of this Court, is ordered to be released in favour of the complainant, thereupon this Court may proceed to record an order, for compounding the offence arising out of dishonour of negotiable instrument. The aforesaid statement rendered by the learned counsel for the respondent, is accepted, by the learned counsel appearing for the petitioner/convict.

Cumulatively, this Court is constrained, to order for composition of the offence arising from dishonour of negotiable instrument. In sequel, the revision petition is accepted. The judgments impugned before this Court are quashed and set aside. The accused/petitioner is acquitted of the charge framed against him. The Registry of this Court, is directed to release the amount deposited, therebefore by the petitioner/convict, vis-à-vis, the respondent/complainant, by remitting it, in his saving bank account, against proper receipt and identification. The aforesaid order shall take effect, upon, the petitioner/accused, depositing, within four weeks, from today, 15% of the cheque amount, before the State Legal Services Authority. All pending application(s), if any, are also disposed of.

Copy dasti.