ANITA DEVI Vs. GULAM SABIR

JUDGEMENT

(1.) This petition stands directed against the judgement of the learned Sessions Judge, Sirmaur District at Nahan, H.P. rendered in Cr. Appeal No. 53-Cr.A/10 of 2013/2012 whereby he affirmed the judgement of the learned Chief Judicial Magistrate, Sirmaur District at Nahan, H.P., convicting and sentencing the accused/petitioner for her's committing an offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) During the pendency of the revision petition before this Court the learned counsel for the respondent No.1 has made a disclosure in his statement duly reduced into writing and signatured by him qua his receiving instructions from the respondent qua the entire amount embodied in the dishonoured negotiable instrument standing liquidated by the petitioner vis-a-vis the complainant besides he has made a disclosure therein of his holding relevant instructions for making a communication herebefore of the respondent concerned having no objection for this Court ordering for the composition of the offence constituted under Section 138 of the Negotiable Instruments Act. Given the disclosure aforesaid comprised in the statement recorded before this Court by the learned counsel for the respondent, statement whereof stand duly reduced into writing and signatured by him, this Court is constrained to order for the composition of the offence constituted by the dishonour of negotiable instrument. In sequel the impugned judgement of the learned Sessions Judge, Sirmaur District at Nahan, H.P. rendered in Cr. Appeal No. 53-Cr.A/10 of 2013/2012 affirming the judgement of the Chief Judicial Magistrate, Sirmaur District at Nahan, H.P., convicting and sentencing the accused/petitioner herein for her's committing an offence punishable under Section 138 of the Negotiable Instrument Act is set-aside.

(3.) The accused is acquitted of the offence for which she stood charged, tried besides convicted and sentenced. However, the aforesaid order of this Court acquitting the accused shall take effect only on the accused/petitioner herein depositing before the State Legal Services Authority within six weeks from today 15% of the amount comprised in the dishonoured negotiable instrument. In view of the above directions the petition as well as the pending application(s), if any, are disposed of.