RAJNEESH SOOD Vs. PRITAM SINGH THAKUR

JUDGEMENT

(1.) BY way of present revision petition, the petitioner seeks setting aside of the judgment dated 8.8.2014 passed by the learned Additional Sessions Judge -II, Shimla, Camp at Rohru, in Cr. Appeal No. 13 -R/10 of 2014/2012 whereby he upheld the judgment dated 31.5.2012/02.07.2012 passed by learned Judicial Magistrate Ist Class, Court No. II, Rohru, District Shimla, H.P. in case No. 74 -3 of 2010, in a complaint filed by the complainant/respondent 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 month and to pay compensation amount of Rs.4,00,000/ - to the complainant and in case of default of payment of compensation amount, the convict shall further undergo simple imprisonment of 15 days.

(2.) TODAY , the petitioner and respondent/complainant are present in person and have been duly identified by their counsels. It is jointly represented by learned counsel for the parties that the parties have amicably settled the dispute/matter outside the Court. It is represented by learned counsel for the respondent/complainant that whole amount has been received by the complainant/respondent and he does not want to pursue the 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 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: