BIMLA CHADDHA Vs. AXIS BANK LTD.

JUDGEMENT

(1.) BY way of present revision petition, the petitioner seeks setting aside of the judgment dated 15.10.2014 passed by the learned Additional Sessions Judge (II), Shimla, in Criminal Appeal No. 61 -S/10 of 2013/12 whereby he affirmed the judgment dated 02.01.2012/02.03.2012 passed by learned Judicial Magistrate Ist Class, Court No. 3, Shimla, in Case No. 1731 -3 of 2010/08 filed by the respondent -Bank against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as the 'Act') wherein the petitioner was convicted and sentenced to undergo simple imprisonment for a period of one month and to pay compensation to the tune of Rs. 75,000/ - to the respondent.

(2.) 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 complainant/respondent does not want to pursue this case any further.

(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 sub -serve 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: