CHAMAN SHARMA Vs. BIR SEN

JUDGEMENT

(1.) This criminal revision is directed against the judgment dated 17.1.2015 passed by learned Additional Sessions Judge (I), Shimla, H.P. Camp at Rohru, in Cr. Appeal No. 11-R/10 of 2013 whereby he dismissed the appeal filed by the petitioner.

(2.) Looking to the nature of order, I propose to pass, it is not at all necessary to deal with the facts in detail. Suffice it to state that the complainant-respondent filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act (for short 'Act') which after trial was allowed by the trial Magistrate and the petitioner was ordered to be convicted and sentenced to undergo simple imprisonment for a period of one month and to pay compensation amount of Rs. 4,30,000/- to the complainant. The petitioner filed an appeal assailing the aforesaid conviction and sentence and the same was dismissed by the learned Additional Sessions Judge (1), Shimla, H.P. Camp at Rohru. It is thereafter that the petitioner has filed the instant revision petition assailing the aforesaid judgement/order passed by the learned Courts below.

(3.) It is not in dispute that as regards the compensation awarded by the learned Court below, the same stands paid to the respondent and in addition thereto, the petitioner has paid today a further sum of Rs. 10,000/- in the open Court and in this view of the matter and now for this reason, even the complainant/respondent does not want to pursue and prosecute the instant lis any further and has no objection in case the petitioner is acquitted.