- (1.) The applicant-petitioner was convicted by the JMIC, Faridabad vide order dated 23.03.2011 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, 'the Act') and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 10,000. The aforesaid judgment of the JMIC, Faridabad was upheld by the Additional Sessions Judge, Faridabad vide his judgment dated 09.12.2011.
(2.) The petitioner filed Criminal Revision No.3165 of 2011 in this Court challenging the aforesaid judgment of the Court below.
(3.) On 16.12.2011, noticing the contentions raised on behalf of the petitioner, this Court passed the following order: "Counsel says that the petitioner will be ready to discharge the liability. Notice of motion for 22.12.2011. Let the cheque amount be at least brought to show bonafide." 3. On 22.12.2011, counsel for the petitioner handed over a draft of Rs. 1 lac in the name of the respondent and further stated that the remaining amount of Rs. 2 lacs shall also be paid in two installments. Noticing the aforesaid contentions, this Court directed the petitioner to place on record the compromise and adjourned the case to 16.3.2012 by passing the following order: "Counsel for the respondent appears and says that the compromise, in this case, has been effected. Counsel for the petitioner has handed over draft of Rs. 1 lakh, which is accepted by the counsel for the respondent. It is in the name of the respondent. Counsel for the petitioner says that the remaining amount of Rs. 2 lakhs would also be paid in two instalments. Let the terms of compromise be placed on record. Adjourned to 16.03.2012. In the meantime, sentence imposed on the petitioner shall remain suspended. Bail to the satisfaction of Chief Judicial Magistrate, Faridabad.";