(1.) The petitioner having been convicted for commission of offence under Section 193 IPC and sentenced to undergo rigorous imprisonment for a period of two months, has filed the present petition impugning the order of the learned court below.
(2.) Learned counsel for the petitioner has raised a brief argument that the dispute in which the petitioner had appeared as a witness has already been settled and disposed of. For trial of offence committed under Section 193 IPC, procedure for warrant case had to be followed, whereas in the case in hand, the learned court below merely issued show cause notice to the petitioner and considering her reply, passed the order of conviction under Section 193 IPC and sentenced her. The procedure adopted is contrary to the settled principle of law. In support of his argument, reliance was placed upon judgment of this Court in Jaskaran vs. State of Haryana, 2008 3 RCR(Cri) 125.
(3.) On the other hand, learned counsel for the respondent while not disputing the proposition of law, admitted the fact that the accused were acquitted finally, as the matter in dispute was settled between the parties.