LIYAKAT ALI Vs. H.P. MINORITIES

JUDGEMENT

(1.) (Oral) - The present petition has been filed against the judgment passed by the learned Additional Sessions Judge-(II), Shimla, dated 29.02.2016, in Cr. Appeal No. 42-S/10 of 2015, whereby the appeal filed by the petitioner against the judgment, conviction and sentence passed by the learned Additional Chief Judicial Magistrate, Court No. (2), Shimla, dated 02.06.2015/25/06.2015, in Case No. 2983 of 2014/13, under Sec. 138 of the Negotiable Instruments Act, whereby petitioner was convicted and sentenced to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs. 84,000.00 to the complainant, has been dismissed and the judgment and sentence passed by the learned Additional Chief Judicial Magistrate, Court No. (2), Shimla, dated 02.06.2015 has been upheld.

(2.) It is not necessary to narrate the facts giving rise to filing of the present revision because it has been jointly represented by learned counsel for both the parties that they have amicably settled the matter and in view of the said amicable settlement, the complainant-respondent does not want to pursue the case any further.

(3.) From the records of the case, this Court finds that this is not a case wherein offence for which the petitioner has been charged can strictly be termed to be an offence against the State. On the other hand, continuation of criminal case against the petitioner would put the petitioner to great oppression and prejudice and extreme injustice would be caused to him in case the impugned judgment of conviction and sentence are not set aside.