HANS RAJ & SONS Vs. GAURAV GOUR

JUDGEMENT

(1.) By way of present revision petition, the petitioners seeks setting aside of the judgment dated 19.9.2014 passed by learned Sessions Judge Kullu, in Criminal Appeal No. 38 of 2014, whereby he upheld the judgment dated 20.5.2014 passed by learned Special Judicial Magistrate, Kullu, H.P. in Criminal Complaint No. 191-1 of 2010 (995-1 of 2013), in a complaint filed by the complainant/respondent against the petitioners under Sec. 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as the ‘Act’) wherein the petitioner No. 2 was convicted and sentenced to undergo simple imprisonment for six months and to pay compensation of Rs. 75,000.00 to the complainant.

(2.) Mr. Maan Singh, learned counsel for the petitioners stated that a sum of Rs. 80,000.00 stands paid by the petitioners to the respondent/complainant in three instalments of Rs. 20,000.00, Rs. 10,000.00 and Rs. 50,000.00 as per compromise arrived at between the parties dated 9th July, 2014. In view of these subsequent developments, it is not necessary to state the facts giving rise to the present revision petition because it is jointly represented by learned counsel for the parties that they have amicably settled the matter.

(3.) From the records of the case, I find that this is not a case wherein the offence for which the petitioners have 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 petitioners would put the petitioners to great oppression and prejudice and extreme injustice would be caused to him by not setting aside the impugned judgments of conviction and sentence.