CHAMAN SHARMA Vs. SUNIL KOTVI

JUDGEMENT

(1.) BY way of present revision petition, the petitioner seeks setting aside of the judgment dated 20.6.2014 passed by the learned Additional Sessions Judge(1) Shimla (camp at Rohru), in Criminal Appeal No. 2 -R/10 of 2010 whereby he upheld the judgment dated 29/30.12.2009 passed by learned Judicial Magistrate Ist Class, Court No. 1, Rohru, in Cr. Case No. 134/3 of 2008, in a complaint filed by the complainant/respondent against the petitioner - accused, 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 six months and to pay fine of Rs. 5,000/ - to the complainant/respondent and in default thereof to undergo simple imprisonment for a period of three months.

(2.) IT is represented by the learned counsel for the petitioner - accused that his client could not come to the court today due to heavy snow -fall. However, the respondent, who is complainant in the present case, is present in the court and has been identified by his counsel Ms. Shalini Thakur, Advocate. As per his statement recorded separately today and placed on record, he has stated that he has received the entire cheque amount of Rs. 43,329/ - and further that he does not want to pursue his complaint.

(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: