IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 5427-5428 OF 2024 (@SLP(CRL) No(s). 15486-15487/2024)
OMPRAKASH CHAUHAN ... APPELLANT(S)
Versus
STATE OF RAJASTHAN & ANR. ... RESPONDENT(S)
O R D E R
We have heard learned counsel for the
petitioner, learned counsel appearing for the
State of Rajasthan and also learned counsel
appearing for the respondent no. 2-complainant.
2. Leave granted.
3. The respondent no. 2 filed a complaint
under Section 138 of the Negotiable Instruments
Act, 1881 against the appellant with respect to
1
dishonour of cheque for an amount of Rs.
1,00,000/- (Rupees One Lakh only). The Trial Court
convicted the appellant and imposed a compensation
of Rs. 1,20,0000/- (Rupees One Lakh Twenty
Thousand only) as against the cheque amount of
Rs.1,00,000/- (Rupees One Lakh only).
4. The appeal filed by the appellant was
dismissed by the Additional Sessions Judge vide
order dated 21st September, 2011. Subsequent to the
dismissal of the appeal, parties entered into a
compromise on 5th December, 2011 and a written
Agreement was also executed duly signed by the
parties.
5. The appellant preferred a revision before
the High Court against the confirmation of the
conviction. The High Court dismissed the criminal
revision vide order dated 21.08.2023 on the ground
that the complainant was not present to verify and
attest the compromise ar...