MANISH CHAUHAN Vs. VED PRAKASH KAUSHISH

JUDGEMENT

(1.) 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 one year and to pay compensation in the sum of '7,00,000/- to the respondent within 30 days from the date of passing of the order. Even though the petitioner filed an appeal assailing the aforesaid conviction and sentence, however, the same was dismissed vide judgment passed by the learned Additional Sessions Judge, Sirmaur District at Nahan, on 02.04.2016. It is thereafter that the petitioner has filed the instant revision petition assailing the judgments of conviction and sentence as passed by the learned Courts below.

(2.) Admittedly, the petitioner has now paid the entire outstanding amount which is duly acknowledged by the respondent through his counsel. It is further represented by the learned counsel for the respondent that since the respondent has received the amount in question, he is not at all interested in pursuing the complaint and the instant petition and should, therefore, be disposed of accordingly.

(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.