MOOL CHAND GARG, J.

.1. On a complaint C.C. 343/1 filed under Section 138 of the Negotiable Instruments Act by Col. S.S. Choudhary (complainant) petitioner in Crl.Rev.P.666/2007, the Magistrate vide order dated 15.05.2005 held the accused Avtar Singh (petitioner in Crl.Rev.P.596/2007) guilty and directed him to undergo SI for one year and to pay double the amount of cheque towards compensation i.e. Rs.6,95,000/-, as the dishonoured cheque was for Rs.3,50,000/-. This order was challenged before the learned Additional Sessions Judge who while upholding the conviction modified the sentence by converting the SI to RI for one year but also ordered that no compensation shall be paid by the accused. The precise reason given for the same was that during the pendency of these proceedings the parties entered into a settlement by which, the accused paid a cheque of Rs. 5 lakhs to the complainant as a compromise but the said cheque was also dishonoured. The complainant also filed a civil suit for the recovery of Rs. 5 lakhs based upon the dishonoured cheque which suit has been decreed in his favour but according to the complainant no payment has been received so far.

2. The accused, Col.Av

Click Here to Read the rest of this document