Anand Bisht v. State & Anr

1. A joint applicationis moved by the parties wherein it is statedthat the compromise has been effected between the parties i.e. petitioner and respondent No.2 whereby the respondent No.2 has agreed to receive the full and final amount ofRs.3,50,000/- from the petitioner to give an end to the litigation going on between the parties arising jfrom proceedings under Section 138 ofthe Negotiable Instruments Act.

2. It is stated that the petitioner was convicted for the offence under Section 138 ofthe Negotiable Instruments Act by the learned MM and vide order ofsentence dated 30.11.2012 petitioner has been sentenced to undergo CRL.REV.P. 567/2013 Page 1of[3] 2013:DHC:8473 SI for a period ofsix months and to pay a compensation ofRs.[4] lakhs to the respondent No.2/complainant failing which it is ordered that he shall further undergo SI for three months.

3. It is stated that the parties have now compromised the matter. In terms of compromise respondent No.2 has already received Rs.[3] lakhs from the petitioner outside the court on 23.10.2013 and the balance amount of Rs.50,000/- has been paid to him in court today.

4. It is also stated that parties have also agreed that the wife of the petitioner shall withdraw the civil suit for recovery filed by her against respondent No.2. The wife ofpetitioner is also present in court.

5. It is stated that compounding under Section 138 of the Negotiable Instruments Act is permissible even after conviction in terms ofjudgment in Vinay Devanne Navak v. Rvot Sewa Sehakari Bank Ltd.; (2008) 2 SCC

305. It is stated that as the parties have amicably settled the matter, the proceedings be closed.

6. The application is supported with the affidavit of the parties. Respondent No.2 is present in court and has confirmed having settled the matter and having received the amount as is stated above. As the parties have amicably settled the matter, the present petition is allowed by holding that since the matter has beencompromised between theparties and an amount of Rs.3.50 lakhs has been paid by the petitioner towards full and final settlement to the respondent No.2, the order of CRL.REV.P. 567/2013 | Page 2of[3] conviction and sentence recorded by the courts below are set aside and the petitioner is hereby acquitted inthepresent case. The application, and the revision petition stands disposed of accordingly. Dasti.