- (1.) The petitioner has filed the present revision petition against the judgment dated 2.2.2016 passed by learned Additional Sessions Judge, Yamuna Nagar whereby his appeal filed against the judgment of conviction dated 25.5.2015 and order of sentence dated 26.5.2015 passed by learned Judicial Magistrate 1st Class, Yamuna Nagar was dismissed. Briefly stated, the facts of the case are that the respondentcomplainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, the Act) alleging therein that the petitioneraccused in discharge of his existing part liability issued a cheque bearing No.009841 dated 9.4.2012 in the sum of Rs. 48,000/- drawn on the Federal Bank Limited, Karnal in favour of the respondent-complainant. However, on presentation, the said cheque was dishonoured by the bank vide memo dated 9.5.2012 with the remarks "Account Closed". Thereafter, legal notice dated 16.5.2012 was issued by the respondent-complainant to the petitioneraccused but the petitioner failed to make the payment. As such, the complaint was filed against him.
(2.) Learned Magistrate vide judgment dated 25.5.2015 convicted the petitioner for offence punishable under Section 138 of the Act and vide separate order dated 26.5.2015, sentenced him to undergo rigorous imprisonment for a period of one year and to pay a sum of Rs. 70,000/- to the complainant as compensation within two months, and in default thereof, to further undergo rigorous imprisonment for three months.
(3.) Learned counsel for the petitioner has contended that during the pendency of the instant revision petition, a settlement has been arrived at between the parties and and as per the said settlement, the petitioner has paid the entire amount to the respondent. Learned counsel has further submitted that since the petitioner has cleared all the outstanding amount to the respondent, he may be acquitted of the charges framed against him.;