S.S.SARON, J. - (1.) THIS revision petition has been filed against the order dated 13.7.2006 passed by learned Additional Sessions Judge, Faridabad whereby the appeal of the petitioners against the order dated 25/26.10.2005 passed by Chief Judicial Magistrate, Faridabad has been dismissed. In terms of the order dated 25.10.2005 passed by learned Chief Judicial Magistrate, Faridabad, the petitioners were held to have committed an offence under Section 138 of Negotiable Instruments Act, 1881 ('Act' for short).
(2.) DHARMENDER Sharma-petitioner No. 2 was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 20,000 and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. During the pendency of the revision petition, parties have entered into a compromise. Memorandum of Settlement (Annexure PI) was placed on record on 25.11.2006 by means of Cri. Misc. No. 74637 of 2006. On 17.04.2007, learned Deputy Advocate General, Haryana had taken time for seeking confirmation. The matter was adjourned to 23.4.2007. On which date learned Counsel for the respondent No. 2 had sought time to verify that fact whether the parties have arrived at a settlement. Learned State Counsel has submitted that the complainant--Sanjeev Arora (respondent No. 2) has compromised the matter with the petitioner. An affidavit of Sanjeev Arora (respondent No. 2) has been filed along with the cash receipt of Rs. 4,50,000 as the amount received from petitioner No. 1. The statement of Sanjeev Arora (respondent No. 2) attested by Police Inspector SHO Kotwali, Faridabad has also been recorded on 27.6.2006 which is also placed on record. SHO Police Kotwali, Faridabad vide memo bearing No. 647-5A dated 27.6.2007 addressed to Advocate General, Haryana, Chandigarh has submitted that Sanjeev Arora (respondent No. 2), Proprietor, M/s. Impex Rubbers has received the full and final payment of Rs. 4,50,000 from Dharmender Kumar Sharma, Proprietor, M/s. Sunbeam Polymer Products. They did not want to proceed further.
(3.) NO one is present on behalf of respondent No. 2.;