DINA NATH Vs. RAMESH VERMA

JUDGEMENT

(1.) BY way of present revision petition, the petitioner seeks setting aside of the judgment dated 13.08.2013 passed by the learned Sessions Judge (Forests), Shimla in Criminal Appeal No. 14 -S/10 of 12/11 whereby he upheld the judgment dated 27.05.2011/20.06.2011 passed by learned Judicial Magistrate Ist Class, Theog, District Shimla, in Complaint No. 186 -3 of 2009 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 six months and to pay fine to the tune of Rs. 1,500/ - and in case of default of payment of fine, the petitioner was convicted to further undergo simple imprisonment for two months for the commission of the offence under the Act and also to pay compensation of Rs. 1,25,000/ - to the respondent No. 1.

(2.) BOTH petitioner and respondent No. 1 today are present in the Court and identified as such by their respective counsel. 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. Moreover, respondent No. 1 in his statement recorded on 10.09.2014 placed on record has stated that 1/3rd of the compensation amount stands deposited by the petitioner -convict in the trial Court and he has received the balance amount today from the wife of the convict -petitioner, who was present in the Court on the aforesaid date.

(3.) THIS court is not powerless in such situation and adequate powers have been conferred upon it, not under sections 397 read with Section 401 or Section 482 Cr.P.C. (hereinafter referred to as the Code) but also under Section 147 of the Act for accepting the settlement entered into between the parties and to quash the proceedings arising out of the proceedings, which have consequently culminated into a settlement. This power has been conferred to subserve the ends of justice or/and to prevent abuse of the process of any court. Though, such power is required to be exercised with circumspection and in cases which do not involve heinous and serious offence of mental depravity or offences like murder, rape, dacoity etc. The law on this subject has been summed up in a recent judgment of the Hon'ble Supreme Court in Narinder Singh & Ors. V. State of Punjab & Anr. : JT 2014(4) SC 573, wherein it was held as under: