HARI PRASAD BALODIA Vs. VIKASH GUPTA

JUDGEMENT

(1.) This criminal revision is directed against order dated 9.11.2010 passed by the learned Additional Sessions Judge, Rourkela in Criminal Appeal No. 64 of 2010 confirming the judgment dated 27.8.2010 passed by the learned SDJM, Pahposh in 1.C.C. No. 39 of 2009, by which the Petitioner was convicted under Section 138 of the N.I. Act, 1981 and sentenced to S.I', for three, months and to pay compensation of Rs. 50,000/- (rupees fifty thousand) to the opposite party No. 1 (complainant) within one month from the date of pronouncement of the judgment, other wise same shall be recovered as per the provision of law.

(2.) An affidavits has been filed by the complainant-Vikash Gupta (O.P.1), wherein it is stated that the dispute inter se the parties has been resolved and the Petitioner has paid a sum of Rs. 35,000/- to the complainant (O.P.1). 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.) in this regard, reference is made to a judgment of the Hon'ble Supreme Court in the case of K.M. Ibrahim v. K.P. Mohammed and Anr, 2010 1 SCC 798, wherein a Division Bench of the Hon'ble Supreme Court headed by Hon'ble Justice Altamas Kabir came to hold that, an application for compounding the offence under Section 147 of the Negotiable Instrument Act can be made even at the appellate stage and even in a proceeding under Article 136 of the Constitution.