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TMI Blog2021 (12) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... disposal as the compromise is stated to have been effected between the parties. CRM-8273-2021 For the reasons stated in the application, which is duly supported by an affidavit, delay of 588 days in filing the present criminal revision is condoned. Application is allowed. CRR-307-2021 This is a Criminal Revision in which challenge has been made to the judgment dated 08.03.2017 vide which the Judicial Magistrate Ist Class, Bathinda, had convicted the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act of 1881") and had sentenced the petitioner to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/- and in default of payment of fine, to further u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditional affidavit which has been placed on record by way of filing application bearing CRM-42451-2021. Relevant portion of the said affidavit is reproduced hereinbelow:- "Additional affidavit of Sita Ram Mittal, aged 77 years, s/o Sh. Prahlad Chand, Proprietor M/s Mittal Electrical Industries, E-70, IGC, Mansa Road, Bathinda to present revision petition on behalf of respondent. I, the above named deponent, do hereby solemnly affirm and state as under:- 1. That present revision petition has been filed for setting aside the judgment and order dated 08.03.2017 passed by Ld. JMIC Bathinda and judgment dated 03.05.2019 passed by Ld. Addl. Sessions Judge Bathinda whereby the sentence imposed upon the petitioner to undergo R.I. for a peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omise is genuine and bona fide and has been entered into without any undue pressure, or coercion and the same would help in bringing peace and harmony between the parties. Learned counsel for the petitioner has submitted that the petitioner is ready to deposit 15% of the amount of the cheque i.e. Rs. 3000/- within a period of four weeks with the District Legal Services Authority, Bathinda in accordance with the judgment passed by the Hon'ble Supreme Court in Damodar S. Prabhu Vs. Sayed Babalal H, (2010) 5 SCC 663. This Court has heard the learned counsel for the parties. From the above facts, it is apparent that both the contesting parties are ad idem that the compromise has been effected between the parties without any pressure, thr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otiable Instruments Act. The principle as laid down in Damodar S. Prabhu vs. Sayed Babalal, AIR 2010 (SC) 1097, would be squarely fortified if the compromise in question is allowed to be effected between the parties with leave of the Court. In view of aforesaid, impugned judgment dated 19.01.2017 passed by Additional Sessions Judge, Sri Muktsar Sahib vide which conviction and sentence of the petitioner was upheld stands quashed. The revision petition is allowed subject to deposit of 15% of the cheque amount as per ratio laid down in Damodar S. Prabhu's case (supra) to State Legal Services Authority, failing which this order will be of no consequence. Necessary consequences to follow." Reliance in the abovesaid judgment was al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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