LAWS(HPH)-2014-6-138

YASH PAL Vs. RAM BHAGAT

Decided On June 18, 2014
YASH PAL Appellant
V/S
Ram Bhagat Respondents

JUDGEMENT

(1.) Assailing the judgment dated 1.9.2010, passed by learned Chief Judicial Magistrate, Kinnaur District at Reckong Peo, Himachal Pradesh, in Case No.370-3 of 2007, titled as Ram Bhagat v. Yash Pal, as affirmed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, Camp at Reckong Peo, vide judgment dated 19.10.2013, passed in Criminal Appeal No.30-K/10 of 2010, titled as Yash Pal v. Ram Bhagat, the accused-petitioner has filed the present Revision Petition under the provisions of Section 397/401 of the Code of Criminal Procedure, 1973.

(2.) It is seen that the Trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of six months and pay compensation of Rs. 30,000/- to the complainant for the loss and damage caused to him, in relation to offence punishable under Section 138 of the Negotiable Instruments Act. The judgment of conviction and sentence stands upheld by the learned Sessions Judge, Kinnaur.

(3.) Parties have amicably resolved their dispute, in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu versus Sayed Babalal H., 2010 5 SCC 663. Statements of petitioner Yash Pal and respondent Ram Bhagat, who are present in Court, recorded separately and placed on the file.