NAVEEN AHAMED Vs. B.C.NANDA

JUDGEMENT

(1.) Heard the learned counsel appearing for the accused/petitioner and perused the material on record.

(2.) The trial Court in C.C. No. 146/2005 by judgment and order dated 06.03.2010 convicted the accused for an offence punishable under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.3,70,000/- in default, to undergo simple imprisonment for a period of three months. Aggrieved by the said order passed by the trial Court, the accused preferred Crl.A.No.25/2010 on the file of the Court of Principal District and Sessions Judge, Hassan. A memo was filed before the Sessions Court by the learned counsel for both the parties stating that the dispute between the parties has been amicably settled. In view of the said memo, the appeal was dismissed as not pressed.

(3.) The learned counsel for the petitioner submits that the parties have settled the matter when the appeal was pending before the Sessions Court and to that effect memo was filed. However, inadvertently when the appeal was dismissed as not pressed, the Learned Sessions Judge has not set aside the sentence of imprisonment passed against the petitioner by the trial Court. He submits that if revision petition is not allowed then the same will lead to miscarriage of justice. Accordingly, he seeks to allow the revision Petition.