9911796707
TMI Blog2021 (12) TMI 894X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 397 Cr.P.C. read with Section 401 of Cr.P.C., lays challenge to judgment dated 19.2.2014, passed by the learned Sessions Judge (Forest) Shimla, Himachal Pradesh, in Criminal Appeal No. 142-3/10 of 2013/12, affirming judgment of conviction and order of sentence dated 16/30.12.2011, passed by the learned JMFC-3, Shimla, H.P., in case No. 3061/3 of 2010, whereby the learned trial Court while ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id cheque, on its presentation, was dishonoured on account of insufficient funds. Since petitioner-accused failed to make the payment good within the time stipulated in the legal notice, respondent/complainant was compelled to initiate proceedings before the competent Court of law under Section 138 of the Act. 3. Learned trial Court on the basis of material adduced on record by the respective par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder dated 24.6.2014, this Court suspended the sentence imposed by the court below subject to deposit of compensation amount within three weeks. Matter repeatedly came to be adjourned enabling the accused to make the entire payment on his request. 6. Today during the proceedings the case, learned counsel appearing for the parties fairly state that during the pendency of the present petition, part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent complainant, fairly admits factum with regard to compromise inter-se parties. He states that as per compromise, Rs. 2,25,000/- has been received by the respondent, whereas sum of Rs. 1,00,000/- lying deposited in the Registry of this court has been agreed to be paid to the respondent and in case, aforesaid amount is paid to the respondent complainant, respondent shall have no objection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounded and impugned judgments of conviction and sentence dated 19.2.2014 and 16/30.12.2011, passed by the courts below are quashed and set-aside and the petitioner-accused is acquitted of the charge framed against him under Section 138 of the Act. Interim order is vacated. Bail bonds, if any, discharged. Amount of Rs. 1,00,000/-, alongwith up-to-date interest lying deposited in the Registry of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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