NAZIR HUSSAIN Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) By way of present revision petition, the petitioner seeks setting aside of the judgment dated 13.12.2010 passed by the learned Additional Sessions Judge, Mandi, District Mandi, H.P. in Criminal Appeal No. 33 of 2010 whereby he upheld the judgment dated 10.3.2010/11.3.2010 passed by learned Chief Judicial Magistrate, Mandi, District Mandi, H.P. in Criminal Case No. 98-II/2006, in a complaint 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 the cheque amount to the complainant as compensation.

(2.) Today, Mr. R.L. Chaudhary, learned counsel for the petitioner states that the petitioner has already deposited the cheque amount of Rs.80,000/- in the Registry of this Court. He further stated that in case the respondent/complainant is ready to withdraw the complaint, his client has no objection to the release of the aforesaid amount in favour of the respondent. This statement of learned counsel for the petitioner is accepted by Mr. Arvind Sharma, Advocate, learned counsel for the respondent, who on instructions states that his client does not want to pursue the case any further against the petitioner.

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