- (1.) The petitioner has filed the present revision petition against the judgment dated 16.3.2015 passed by learned Additional Sessions Judge, Amritsar whereby her appeal filed against the judgment of conviction and order of sentence both dated 1.10.2011 passed by learned Judicial Magistrate 1st Class, Amritsar was dismissed with modification in order of sentence. Briefly stated, the facts of the case are that the respondent No.2- complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, the Act) alleging therein that the petitioneraccused in discharge of her legal liability issued a cheque bearing No.087643 dated 1.10.2005 in the sum of Rs. 4,33,000/- drawn on Syndicate Bank, Amritsar in favour of the respondent No.2-complainant. However, on presentation, the said cheque was dishonoured by the bank and was returned to the complainant along with memo with the remarks "Funds Insufficient". Thereafter, legal notice was issued by the respondent-complainant to the petitioner-accused but she failed to make the payment of cheque amount. As such, the complaint was filed against her.
(2.) Learned Magistrate vide judgment dated 1.10.2011 convicted the petitioner for offence punishable under Section 138 of the Act and vide separate order of even date, sentenced her to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 2,000/- and in default of payment of fine, to further undergo RI for two months. Feeling aggrieved, the petitioner filed an appeal before the Court of Session, but the same was also dismissed by learned Additional Sessions Judge, Amritsar vide judgment dated 16.3.2015. However, sentence of the petitioner-accused was ordered to be reduced from two years to one year with no change in the sentence of fine. It is in these circumstances, the present revision petition has been filed by the petitioner-accused.
(3.) Learned counsel for the petitioner has contended that in compliance of order dated 29.4.2016 passed by this Court, the petitioner has deposited the compounding fee of Rs. 43,300/- with the Punjab Legal Services Authority, Chandigarh. Learned counsel for the petitioner also contends that in view of settlement between the parties, permission to compound the offence may also be granted and the petitioner may be acquitted of the charges framed against her. I have heard learned counsel for the parties.;