SATRUGHAN PATRA Vs. BAIKUNTHA NATH MOHAPATRA

JUDGEMENT

(1.) In this application under Section 401 Cr.P.C., the accused-Petitioner has sought to challenge the judgment dated 2.9.2009 passed by the learned J.M.F.C., Bhubaneswar in I.C.C. Case No. 4174 of 2008 convicting him of an offence under Section 138 of the Negotiable Instrument Act, 1881 and sentencing him to undergo S.I. for three months and to pay compensation of Rs. 23,000/-to the complainant within two months from the date of the judgment. Challenge has been further made to dismissal of the Petitioner's 2 Criminal Appeal No. 11/75 of 2010/2009 by the learned Ad hoc Addl. Sessions Judge (F.T.C.), Bhubaneswar by his judgment dated 13.8.2010 thereby confirming the order passed against the accused-Petitioner in I.C.C. Case No. 4174 of 2008.

(2.) Two affidavits have been filed, one by the Petitioner-Satrughan Patra and another, by the complainant-Baikuntha Nath Mohapatra, wherein it is stated that the dispute inter se the parties have been resolved and the Petitioner has paid a sum of Rs. 23,000/-to the opposite party-complainant. The opposite party-complainant in his affidavit has accepted the aforesaid fact and has noted the fact that he does not want to proceed with the matter any further.

(3.) The Hon'ble Supreme Court took into account the scope and ambit of Section 147 of the N.I. Act and held that once a matter has been compromised between the parties and payment has been made in full and final settlement of their dues, the appeal deserved to be allowed and the Appellant is entitled to an acquittal and as a consequence thereof, the order of conviction and sentences recorded by all the courts can be permitted to be 3 set aside and the Appellant ought to be acquitted of the charges leveled against him. It is further held in paragraph-14 of the aforesaid judgment that Section 147 of the N.I. Act does not bar the parties from compounding an offence under Section 138 of N.I. Act even at the appellate stage of proceeding. For better appreciation, Section 147 of the N.I. Act is quoted herein below: