GODAWARI PATHANIA Vs. RAVI BHARDWAJ

JUDGEMENT

(1.) Cr. M.P. (M) No. 366 of 2016. Heard. Taking into consideration the averments contained in the application, more particularly, para-2 thereof, duly supported by an affidavit of the petitioner, the application is allowed and delay of one year, nine months and 11 days in filing of the revision is condoned. Cr.Revision No. 83 of 2016. Be registered.

(2.) By way of present revision petition, the petitioner seeks setting aside of the judgment dated 18.03.2014 passed by learned Additional Sessions Judge, (II), Shimla, in Criminal Appeal No. 25-S/10 of 2014/12 whereby he upheld the judgment dated 30.08.2012/04.09.2012 passed by learned Judicial Magistrate Ist Class, Court No.3, Shimla, in Case No. 1081-3 of 2010, in a complaint filed by the complainant/respondent against the petitioner under Sec. 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 one month and to pay compensation of <FONT FACE="rupi foradian">L 50,000.00 to the complainant.

(3.) Mr. Vivek Sharma, Advocate, has stated that he is under instructions to appear on behalf of the respondent and has filed his Power of Attorney. Today, petitioner and the respondent are present in the Court and identified as such by their respective counsel(s). It is stated by learned counsel for the petitioner that she has paid the entire outstanding amount to the respondent. 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/respondent does not want to pursue the case any further.