SARLA DEVI Vs. KAMANI AHLUWALIA AND ANOTHER

JUDGEMENT

(1.) By way of present revision petition, the petitioner seeks setting aside of the judgment dated 08.11.2013 passed by the learned Sessions Judge, Shimla in Criminal Appeal No.50-S/10 of 2012 whereby he upheld the judgment dated 28.03.2012 passed by learned Judicial Magistrate Ist Class, Court No.3, Shimla, in Case No.89-3 of 2011/10 in a complaint filed by the complainant/respondent No.1 against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as the 'Act') wherein the petitioner was convicted to undergo simple imprisonment for a period of one year and to pay compensation amounting to Rs. 1,25,000/- to the respondent No.1.

(2.) Today, the petitioner is present in the Court and identified as such by her counsel. A sum of Rs. 75,000/- has been paid by the petitioner today to the respondent No.1 and a sum of Rs. 50,000/- was paid by the petitioner to the respondent No.1 on the previous date of hearing. In view of subsequent development, it is not necessary to state the facts giving rise to the present revision petition because it is jointly represented by learned counsel for the parties that they have amicably settled the matter and in view of the compromise the respondent No.1 does not want to pursue the case any further.

(3.) From the records of the case, I find that this is not a case wherein the offence for which the petitioner has been charged can 'stricto sensu' be termed to be an offence against the State. Therefore, this is a case where the continuation of criminal case against the petitioner would put the petitioner to great oppression and prejudice and extreme injustice would be caused to her by not setting aside the impugned judgments of conviction and sentence.