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2020 (3) TMI 991

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..... ision petition shall not have any effect upon RSA-3195-2015, said to have been filed by the complainant against the present revisionist, which is pending before this court. The revisionist is directed to deposit 15% of the cheque amount with the High Court Legal Service Committee, within two weeks from today. - CRR No. 1085 of 2011 (O&M) - - - Dated:- 13-3-2020 - Hon'ble Mr. Justice H. S. Madaan Mahender Singh with Mr. Jagdish Manchanda, Advocate for the petitioner Naresh Mittal with Mr. Shiv Kumar, Advocate for the respondent ORDER H. S. Madaan, J. (Oral) Briefly stated facts of the case are that complainant Naresh Mittal had brought a complaint under Section 138 of the Negotiable Instruments Act, 1881, .....

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..... .10.2006 to the accused calling upon him to make payment of cheque amount, which he failed to do so within stipulated period. As such the complaint was filed. After recording of preliminary evidence, the accused was summoned. He put in appearance. Notice of accusation for offence under Section 138 of the Negotiable Instruments Act was served upon the complainant, to which he pleaded not guilty and claimed trial. The complainant adduced oral as well as documentary evidence. Statement of the accused was recorded under Section 313 Cr.P.C. He was allowed to lead evidence in defence. After hearing the arguments he was convicted for offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo rigirous imprisonmen .....

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..... ompounding of offences at the stage of revision also. Therefore, allowing the compounding of offences in view of the compromise between the parties, the revision petition is accepted and the judgments passed by the Courts below are set aside, resultantly, the revisionist accused is acquitted of the notice of accusation served upon him for offence under Section 138 of the Negotiable Instruments Act, 1881. It is clarified that the compromise arrived at in the revision petition shall not have any effect upon RSA-3195-2015, said to have been filed by the complainant against the present revisionist, which is pending before this court. The revisionist is directed to deposit 15% of the cheque amount with the High Court Legal Service Committee, .....

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