Nazir Ahmad Dar vs Mushtaq Ahmad Khan
2021 Latest Caselaw 338 j&K/2

S.N 207
Admission
                    HIGH COURT OF JAMMU AND KASHMIR
                              AT SRINAGAR
                                    ...

                                   CRR No. 16/2018
                                   CrlM No. 239/2019

       Nazir Ahmad Dar                                       ....... Petitioner(s)

                                Through: Mr. Taha, Advocate.

                                          Versus


       Mushtaq Ahmad Khan                                      ...Respondent(s)

                                  Through: Mr. Farhat Zia, Advocate.

       CORAM:
                  HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                      ORDER

22.03.2021 Through the medium of present petition, the petitioner had questioned order dated 3rd April 2018 passed by Court of Learned Additional Sessions Judge, Srinagar in Criminal Appeal titled as Nazir Ahmad Dar V.s Dr. Mushtaq Ahmad Khan, whereby the conviction and sentence passed by the Court of Learned Sub Registrar Srinagar, 18th April 2016 was upheld. From record it is evident that the petitioner was convicted for commission of offence under section 138 Negotiable Instrument Act and was ordered to undergo the simple imprisonment of two years and simultaneously the petitioner was also ordered to pay the compensation at the rate of double the amount of cheque. During the pendency of the petition both the parties had entered into a settlement whereby it was settled amongst the parties that the petitioner shall pay a sum of Rs. 37.60 lacs with interest @ 10%, thus amounting to Rs. 41.36 lacs in three installments, as such pursuant to the direction of this court, the counsel for the parties had placed on record the said settlement. The said settlement dated 19th November 2018 has been signed by both the parties. After the settlement the statement of the respondent was also recorded by the learned Registrar Judicial regarding the receipt of the amount.

In view of the above settlement the conviction of the petitioner for commission of offence under section 138 Negotiable Instrument Act is set aside and the complaint filed by the respondent for commission of offence under section 138 Negotiable Instrument Act stands disposed of in terms of the compromise. As such the complaint is closed as compounded in terms of the settlement. The judgment of the learned Sub Registrar, Srinagar, is accordingly set aside. The said petition is disposed of accordingly.

(Rajnesh Oswal) Judge Srinagar 22.03.2021 "Nuzhat Shafi"