MONOMOTI BORA Vs. PRANJAL NATH

JUDGEMENT

(1.) HEARD Mr. D. Das, learned senior counsel assisted by Mr. R. Sinha, learned counsel for the petitioner. Also heard Mr. U.J. Saikia, learned counsel appearing for the respondent No. 1 and Mr. B. S. Sinha learned Addl. Public Prosecutor, Assam appearing for the State. This Crl. petition has been filed by the petitioner, who was the accused and convicted person in CR Case No.493/2008 under Section 138 of the N.I.Act, 1981 before the learned Judicial Magistrate, First Class, Nagaon. The said case was initiated by the respondents as complainant. The learned Magistrate at the close of the trial convicted the present petitioner under Section 138 of the N.I.Act, 1981 and sentenced her to pay compensation of Rs.3 lac to the complainant in default suffer simple imprisonment for one year. Aggrieved by the said judgment and order of conviction and sentence the petitioner, as appellant, preferred an appeal before the learned Addl.Sessions Judge (FTC) Nagaon and the learned Addl.Sessions Judge (FTC) Nagaon by the impugned judgment and order dated 24.5.2011, passed in Criminal Appeal No.34 (N)2010 while disposing the appeal, upheld the impugned conviction and sentence passed by the learned Magistrate. Aggrieved by the said judgment and order, passed by the Addl. Sessions Judge (FTC) Nagaon the convicted person as petitioner has preferred this revision. The learned counsel appearing for both the parties have submitted that the parties amicably settled and compromised the matter. In support of the said amicable settlement /compromise the respondent who is the complainant in the complaint case aforesaid, has submitted an affidavit with the prayer to set aside the judgment and order dated 24.5.2011, passed by the learned Addl.Sessions Judge (FTC) Nagaon in Criminal Appeal No. 34(N) 2010 whereby the learned Addl. Sessions Judge upheld the order, dated 17.8.2010, passed by the learned Judicial Magistrate, 1st Class Nagaon in CR Case No.493/08. I have heard learned counsel appearing for the parties and perused the affidavit as well as the agreement, submitted by the parties. It appears that the parties have amicably settled the matter. In view of the above, this criminal petition stands disposed of on compromise. Consequently, the conviction and sentence, dated 17.08.2010 aforesaid and upheld by the learned Addl. Sessions Judge (FTC) Nagaon in Criminal Appeal No. 34(N) 2010 are set aside and quashed. Petitioner be acquitted and set at liberty forthwith.