AVNEESH JHINGAN
Ashok Kumar – Appellant
Versus
Gorav Monga – Respondent
JUDGMENT
Avneesh Jhingan, J. - Due to COVID-19 situation, the Court is convened through video conference.
2. This criminal revision is filed aggrieved of conviction under Section 138 of the Negotiable Instruments Act, 1881 (for short the Act) and upholding of conviction and sentence in appeal. The petitioner was sentenced to undergo one year rigorous imprisonment and to pay fine of rupees two thousand and in default of payment of fine, simple imprisonment for one month.
3. The brief facts are that petitioner issued a cheque of rupees two lakh to the complainant. On presentation the cheque was dishonored, after serving notice complaint was filed. After dismissal of the appeal, the parties compromised the matter.
4. This Court taking note of the compromise, directed the parties to get their statement recorded before the trial Court.
5. In the meantime, petitioner deposited fifteen percent of the cheque amount as per the decision of judgment of the Supreme Court in Damodar S. Prabhu v. Sayed Babalal H., 2010(5) SCC 663.
6. The report dated 22nd February, 2022 received states that compromise is valid, genuine, voluntary and without any pressure, coercion or undue influence.
7. In K.M. Ibrah
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