HIRA SINGH Vs. DEVINDER SHARMA & ANOTHER

JUDGEMENT

(1.) Assailing the judgment dated 3.8.2016/5.8.2016, passed by learned Judicial Magistrate, 1st Class, Court No. 5, Shimla, H.P. in Complaint No. 255/3 of 2015, titled as Sh. Devinder Sharma vs. Sh. Hira Singh, as affirmed by the learned Sessions Judge, Shimla, H.P., vide judgment dated 29.5.2017, passed in Criminal Appeal No. 51-S/10 of 2016, titled as Hira Singh vs. Devinder Sharma, the convictpetitioner has filed the present Revision Petition under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) It is seen that the Trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for a period of one year and pay compensation of Rs.1, 40, 000/- to the complainant, in relation to offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The judgment of conviction and sentence has been upheld by the learned Sessions Judge, Shimla.

(3.) On 110.2017 the matter was sent for mediation. It is heartening to note that the proceedings of mediation have fructified into positive outcome. This could have been possible only with the intervention of the learned counsel for the parties and the efforts put in by Mr. S.C. Sharma, learned Counsel who was requested by the Court to mediate between the parties. Efforts put in by learned counsel for the parties and more particularly Mr. S. C. Sharma, learned Mediator are highly appreciated. Report of the learned Mediator is taken on record. Parties have amicably resolved their dispute in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 66