Hori Lal v. Udai Singh

"Convict is in revision petition before this Court against the order of conviction and the sentence awarded in the proceedings under Section 138 of the Negotiable Instrument Act, 1881. After the petitioner was convicted by the trial Court during the appeal, on 20.09.2017, parties agreed to compromise the matter. As per the agreed terms, the petitioner was required to pay an amount of 3,40,000/- as full and final settlement towards the cheque amount. Petitioner agreed to pay 1,00,000/- on or before 23.10.2017. The next instalment of 1,00,000/- was agreed to be paid by 20.11.2017. Further sum of 50,000/- was to be paid on or before 21.12.2017, another sum of 50,000/- on or before 22.01.2018 and remaining 40,000/- was to be paid on or before 21.02.2018.

It was also agreed that in case, the petitioner failed to pay any of the instalment, he shall loose his right to press the appeal and the same shall be deemed to have been dismissed. The aforesaid statement was suffered by the petitioner on 20.09.2017. Admittedly, the petitioner failed to pay the first instalment and consequently, the appeal was dismissed vide order dated 23.10.2017.

The petitioner approached this Court vide present petition. On 03.11.2017, following order was passed:-