KHIROD KUMAR SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has been convicted for commission of offence punishable under Sec. 138 of the Negotiable Instruments Act ( in short "N.I. Act ") by judgment dtd. 28/2/2014 passed in C.T. No.1229/2010/Trial No.419 of 2012 (I.C.C. Case No.176 of 2010) by the learned J.M.F.C., Angul and sentenced to undergo simple imprisonment for one year and to pay a compensation of Rs.2,50,000.00 (Rupees two lakhs fifty thousand only) to the complainant. This been confirmed by judgment and order dtd. 18/3/2021 by the learned Sessions Judge, Angul in Criminal Appeal No.6/2014.

(2.) Perusal of the order dtd. 24/8/2021 passed in C.T. No.1229/2010 by the learned J.M.F.C.(I/C), Angul which has been annexed to this Criminal Revision as Annexure-3 reveals that the written acknowledgement had been filed by the complainant who was present in Court stating that he has received the full and final compensation amount from the petitioner. The prayer of the petitioner to set aside the order of conviction however was rejected as the sentence of simple imprisonment of one year had been confirmed by the learned Sessions Judge, Angul.

(3.) Mr. A.K.Nath, learned counsel for the petitioner submits that the petitioner is in custody since more than two months. He further submits that the petitioner is a poor man but with great difficulty has paid the entire compensation amount to the complainant (Opp. Party No.2) and the dispute has been settled between the parties and the parties had filed a compromise petition before the learned J.M.F.C. Angul, but the same was rejected. He further submits that as the offence under Sec. - 138 of the N.I. Act is compoundable and the compounding can be done at any stage, the criminal revision may be allowed and disposed of in terms of the settlement and the conviction and sentence of the petitioner set aside. In support of his submission, he relies on the decisions of the Hon'ble Apex Court in the case of K.M.Ibrahim v. K.P.Mohammed and others reported in AIR 2010 SC 276: 2010 (1) SCC 798, V.I. Uthuppan v. Thankachan and another reported in 2012 (II) OLR (SC) 496 and this Court in the case of Debabrata Dash v. Malaya Bhowmick reported in 2011 (Supp.II) OLR 366.