GAURAV SHARMA Vs. ISHWARI NAND

JUDGEMENT

(1.) The petitioner, who stands convicted for the commission of offence punishable under Sec. 138 of the Negotiable Instruments Act vide judgment dtd. 26/7/2018, passed by learned Additional Chief Judicial Magistrate, Shimla, HP, in Criminal Case No.317/3 of 2016, titled as Ishwari Nand Mehta Vs Gaurav Sharma, and his application under Sec. 389, Cr.PC for suspension of sentence stands dismissed in default by the order dtd. 7/1/2019 passed by learned Sessions Judge, Shimla H.P., in Criminal appeal, has come up before this Court under Sec. 482, Code of Criminal Procedure, by filing the present petition.

(2.) Today, when the matter is taken up, Mr. Sanjay Sharma, learned counsel appearing for the convict states that the dispute pertains to bouncing of cheque, which stands settled/compromised between the parties. Mr. Sanjay Sharma, Advocate further submits that after the dismissal of his application for suspension of sentence by learned Sessions Judge, Shimla on 7/1/2019, now the petitioner stands arrested and he is in judicial custody for the last 20 days.

(3.) Mr. V.S. Chauhan, learned senior counsel instructed by Mr. Ajay Kashyap, learned counsel for the respondent submits that he has also received instructions about the out of court settlement between the petitioner/convict and the respondent/complainant. Mr. V.S. Chauhan, learned senior counsel on instructions further submits that the complainant has received entire amount to his full satisfaction and now nothing is required to be received by him. Mr. V.S Chauhan, learned senior Advocate on instructions further submits that he has no objection that if this matter is comprised; his conviction is set aside, and he is directed to release from prison as soon as possible.