LAWS(ORI)-2013-3-2

DEBASIS ROUT Vs. MANOJ KUMAR PARIDA

Decided On March 07, 2013
Debasis Rout Appellant
V/S
Manoj Kumar Parida Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the opposite party.

(2.) This is an application for compounding the offence filed jointly by the petitioner and the opposite party, who are respectively the accused and the complainant in I.C.C.No. 567/2008 of the Court of S.D.J.M., Panposh, Rourkela. The petitioner having been convicted in that complaint case under Section 138 of N.I. Act was sentenced to undergo simple imprisonment for six months and to pay compensation of Rs. 65,000/- to the opposite party-complainant. The order of conviction and sentence passed by the S.D.J.M. was confirmed by the Additional Sessions Judge, Rourkela, by judgment dated 26.10.2010 passed in Criminal Appeal No. 27 of 2010. Challenging the aforesaid concurrent judgments of both the courts below, the present Revision has been filed.

(3.) The amount of the dishonoured cheque is Rs. 56,000/-. In the present petition both the parties have averred that at the behest of their well-wishers the matter has been settled out of Court and that the complainant-opposite party has already received the compensation amount of Rs. 65,000/- (Rupees sixty-five thousand) and that he has no objection if the order of conviction and sentence of the petitioner is set aside.