DINA NATH Vs. KAMAL SHARMA AND ORS.

JUDGEMENT

(1.) Cr.M.P.(M) No.1846 of 2015. Heard. Taking into consideration the averments contained in the application, more particularly, paras 2 to 4 thereof, duly supported by an affidavit of the petitioner, the application is allowed and delay of two years, one month and 23 days in filing of the revision is condoned. Cr.Revision No.84 of 2016. Be registered.

(2.) By way of present revision petition, the petitioner seeks setting aside of the judgment dated 22.06.2013 passed by learned Sessions Judge (Forests), Shimla, in Criminal Appeal No.15 -S/10 of 12/11 whereby he upheld the judgment dated 27.05.2011/20.06.2011 passed by learned Judicial Magistrate Ist Class, Theog, District Shimla, in Complaint No.113 -3 of 2009 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 a period of six months and to pay fine of Rs.1,500/ - with default clause. In addition, the petitioner was directed to pay compensation to the tune of Rs.1,60,000/ - to the complainant.

(3.) Mr.Arun Kumar, Advocate, has stated that he has instructions to appear on behalf of respondents No.1 to 3. Today, the petitioner and respondent No.1 are present in the Court and identified as such by their respective counsel(s). It is stated by learned counsel for the petitioner that he has paid the entire outstanding amount to the respondents No.1 to 3. In view of subsequent development, 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 and in view of the settlement the complainant/respondents No.1 to 3 do not want to pursue the case any further.