DEVSHAWAR SINGH Vs. ARUN KUMAR GUPTA AND ORS.

JUDGEMENT

(1.) Assailing the judgment dated 27.6.2013 passed by learned Judicial Magistrate, 1st Class, Court No. 3, Shimla, H.P. in case No. 17 -3 of 2012/11, titled as Aran Kumar Gupta v/s. Deveshwar Singh, as affirmed by the learned Addl. Sessions Judge -I, Shimla, H.P., vide judgment dated 28.11.2014, passed in Criminal Appeal No. 65 -S/10 of 2013, titled as Deveshawar Singh v/s. Arun Kumar Gupta, the convict -petitioner has filed the present Revision Petition under the provisions of Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973. It is seen that the Trial Court has convicted the accused -petitioner and sentenced him to undergo simple imprisonment for a period of six months and pay compensation of Rs. 32,000/ - to the complainant, in relation to offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881. The judgment of conviction and sentence has been upheld by the learned Addl. Sessions Judge, Shimla.

(2.) On 7.10.2015 the matter was sent for mediation. It is heartening to note that the proceedings of mediation have fructified into positive outcome. This could have been possible only with the intervention of the learned Counsel for the parties and the efforts put in by Mr. G.D. Verma, learned Senior Counsel who was requested by the Court to mediate between the parties. Efforts put in by learned Counsel for the parties and more particularly Mr. G.D. Verma, learned Senior Counsel/Mediator are highly appreciated. Report of the learned Mediator is taken on record. Parties have amicably resolved their dispute in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu v/s. Sayed Babalal H., : III (2010) BC 110 (SC) : II (2010) CCR 286 (SC) : III (2010) SLT 533 : 169 (2010) DLT 1 (SC) : (2010) 5 SCC 663.

(3.) Needless to add the respondent has already received the entire amount of compensation from the petitioner and the amount in terms of the ratio laid down in Damodar S. Prabhu (supra) already stands deposited with the Himachal Pradesh State Legal Services Authority, Shimla, H.P. As such, offence is directed to be compounded and the judgments of conviction and sentence passed by the Courts below are set aside. The amount, if any, deposited before the Trial Court be released to the petitioner.