JAGADISH PR. CHANDAK Vs. DEEPAK KU. JAJODIA

JUDGEMENT

(1.) THE accused petitioner in 1 C.C. Case No. 2564 of 2005 of the Court of S.D.J.M., Bhubaneswar has preferred the Criminal Revision bearing no 1201 of 2009 challenging the judgment of his conviction by the Adhoc Addl. Sessions Judge, FTC No. 4, Bhubaneswar. The complainant -opposite party of the said case has preferred a Criminal Revision No. 1088 of 2007 challenging the quantum of punishment/ compensation.

(2.) ORIGINALLY , a private complaint was initiated for the offences under Sections , , of the IPC read with Section of the N.I. Act. After trial, the learned Magistrate came to the conclusion that the complainant failed to establish the charge under Sections , , of the IPC and acquitted the accused -petitioner of those offences. However, finding that the offence under Section of the N.I. Act has been established. The learned Magistrate went into convict the accused -petitioner and awarded sentence of simple imprisonment for a period of one month and to pay a compensation o Rs. 4,60,000/ -for the offence under Section of the N.I. Act. The accused -petitioner preferred an appeal to the learned Adhoc Addl. Sessions Judge, which was numbered as Criminal Appeal No. 34/32 of 2008 -07. The appellate Court concurred with the findings of the trial Court and, therefore, dismissed the appeal confirming the conviction and sentence.

(3.) IN course of hearing, learned counsel for the petitioner submitted that the parties are likely to settle the matter on compromise. Hence, on 12.01.2001 the case was closed giving liberty to the parties to file an application for compromise within a reasonable period. In 24.01.2011, inter alia, pleading that the matter has been settled between the parties and accordingly, the petitioner has already paid the said amount to the opposite party and the opposite party admits to have received the entire amount from the petitioner. Both the accused -petitioner and the complainant -opposite party have filed affidavits, which have been annexed to the petition for compromise.