RAKSHA SHARMA Vs. BHAGAT SINGH AND ORS.

JUDGEMENT

(1.) By way of present revision petition, the petitioner seeks setting aside of the judgment dated 02.05.2015 passed by the learned Sessions Judge, Solan, District Solan, H.P. in Cr. Appeal No. 15-S/10 of 2014 whereby he affirmed the judgment dated 02.05.2014 passed by learned Judicial Magistrate 1st Class, Solan, District Solan, H.P. in Criminal Complaint No. 112-3 of 14/09/3/4 of 03/09, 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 and sentenced to undergo simple imprisonment for one year and to pay compensation to the tune of Rs. 1,80,000/- to the complainant.

(2.) Today, the complainant/respondent No. 1 is present in the Court and is duly identified by Mr. Anuj Gupta, Advocate. It is jointly represented by learned counsel for the parties that the parties have amicably settled the dispute/matter outside the Court. It is submitted by learned counsel for the petitioner that the petitioner has been taken into custody yesterday by the police. The complainant/respondent No. 1 has stated that he has received the entire compensation amount from the petitioner and he does not want to pursue the case any further against the petitioner.

(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.