- (1.) This is a revision petition against the judgements dated 19.09.2009 and 25.10.2010 passed by the JMIC Patiala as well as ASJ, Fast Track Court, Patiala, vide which, the petitioner was convicted and sentenced for an offence under Section 138 of the Negotiable Instrument Act to undergo simple imprisonment for a period of four months and to pay a fine of Rs.4000/-.
(2.) The petitioner was convicted by the JMIC, Patiala vide judgement dated 19.09.2009. He filed an appeal before the ASJ, Patiala. During the pendency of the appeal, the petitioner entered into compromise with the complainant. However, when the order was passed in appeal, neither the petitioner nor the counsel nor the respondent or his counsel was present. It was, therefore, an ex parte order. The lawyers were also not aware of the compromise. Thus the factum of compromise could not be brought to the notice of the Court. Hence, the present revision is against the judgements of trial Court and the Appellate Court convicting the petitioner.
(3.) Notice was issued to respondent No. 2. The same was received back as duly served. However, in spite of number of opportunities, respondent No. 2 has not appeared till date. The petitioner has placed on record a receipt, showing that the said amount towards the dishonoured cheque stood paid to the respondent/complainant by the petitioner.;