JAGDISH KUMAR Vs. RAVI KUMAR AND ANOTHER

JUDGEMENT

(1.) The present petition has been filed against the judgment passed by the learned Addl. Sessions Judge-II, Shimla, dated 4.7.2015 in Cr. Appeal No. 12-S/10 of 2015, vide which the appeal filed by the petitioner against the judgment of conviction and sentence passed by the learned Addl. Chief Judicial Magistrate, Court No.2, Shimla dated 29.10.2014/11.12.2014 in Case No. 887-3 of 2014/13 under Section 138 of the Negotiable Instruments Act, whereby petitioner was convicted and sentenced to undergo simple imprisonment for a period of six months and to pay compensation in the sum of Rs. 1,20,000/-, has been dismissed and the judgment passed by the learned Addl. Chief Judicial Magistrate, Court No.2, Shimla has been upheld.

(2.) It is not necessary to narrate the facts giving rise to filing of the present revision because it has been jointly represented by learned counsel for both the parties that they have amicably settled the matter and in view of the said amicable settlement, the complainant-respondent does not want to pursue the case any further.

(3.) From the records of the case, this Court finds that this is not a case wherein offence for which the petitioner has been charged can strictly be termed to be an offence against the State. On the other hand, continuation of criminal case against the petitioner would put the petitioner to great oppression and prejudice and extreme injustice would be caused to him in case the impugned judgment of conviction and sentence are not set aside.