- (1.) The petitioner has filed the present revision petition against the judgment dated 13.1.2016 passed by learned Additional Sessions Judge, SAS Nagar, Mohali whereby his appeal filed against the judgment of conviction and order of sentence both dated 1.7.2014 passed by learned Judicial Magistrate 1st Class, Dera Bassi was dismissed.
(2.) 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 petitioner- accused in discharge of his legal liability issued a cheque bearing No.111436 dated 1.11.2009 in the sum of Rs. 2,19,985/- drawn on the HDFC Bank, Sector 35-B, Chandigarh in favour of the respondent-complainant. However, on presentation, the said cheque was dishonoured by the bank vide memo dated 5.4.2010 with the remarks "returned unpaid due to account close". Thereafter, legal notice dated 16.4.2010 was issued by the respondentcomplainant to the petitioner-accused but the petitioner failed to make the payment. As such, the complaint was filed against him.
(3.) Learned Magistrate vide judgment dated 1.7.2014 convicted the petitioner for offence punishable under Section 138 of the Act and vide separate order of even date, sentenced him to undergo imprisonment for a period of six months and to pay a sum of Rs. 3,30,000/- to the complainant as compensation. Learned counsel for the petitioner has contended that on 23.1.2016, a settlement has been arrived at between the parties vide compromise deed (Annexure A-1) and and as per the said settlement, the petitioner has paid the entire amount to the respondent.;