LAWS(HPH)-2019-8-167

KEWAL RAM Vs. DULA RAM

Decided On August 01, 2019
KEWAL RAM Appellant
V/S
DULA RAM Respondents

JUDGEMENT

(1.) Present Revision Petition has been filed assailing judgment passed by learned Additional Sessions Judge (1), Shimla, H.P. in Cr. Appeal No. 48-S/10 of 2017, dated 05.12.2018, titled as Kewal Ram vs. Dula Ram, whereby judgment and order of conviction passed by learned Judicial Magistrate 1st Class, Chopal, District Shimla, H.P., dated 27.12.2016 in Criminal Complaint No.84-3/2014, titled as Dulla Ram vs. Kewal Ram, convicting and sentencing the petitioner-accused to undergo simple imprisonment for one year and to pay compensation of Rs. 2,25,000, to the complainant, has been affirmed.

(2.) Respondent/complainant, present in person in the Court, states that matter has been amicably settled with the accused/petitioner and as per compromise entire compensation amount has been paid to him and now nothing remains to be received from the accused/petitioner. He prays for permission for withdrawal of the complaint. His statement, on oath, has also been recorded to this effect and placed on record. He has also stated that he has deposed in the Court out of his free will and consent and without any external pressure, coercion or threat of any kind.

(3.) Consequently, respondent/complainant is permitted to withdraw the complaint and matter is compounded and complaint arising out of dishonour of cheque under Section 138 of the Negotiable Instruments Act is permitted to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside. Petitioner-accused is acquitted of the accusation framed against him.