RAJESH SHARMA Vs. JITENDER

JUDGEMENT

(1.) Present revision petition has been filed assailing judgment dated 6.4.2018 passed by learned Additional Sessions Judge, Rampur Bushahr, District Shimla H.P., in Cr. Appeal No. 10-R/10 of 2017, whereby judgment/order dated 23.12.2016/24.12.2016 passed by learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, in criminal case No. 256-3 of 2015, convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of six months and to pay compensation of Rs. 1,50,000/- to the complainant has been affirmed.

(2.) Respondent/complainant, who is present in person, has stated in his statement that he had executed a Special Power of Attorney in favour of his father Vijay Singh, who has sworn an affidavit in terms of compromise with petitioner Rajesh Sharma. He has further stated he had to receive total amount of Rs. 1,50,000/- from petitioner Rajesh Sharma, out of which, he has deposited Rs. 60,000/- in the trial Court and Rs. 50,000/- in this Court and in case the said amount is released in his favour, he has agreed to waive off Rs. 40,000/-, which is yet to be received from Rajesh Sharma, who has also agreed for release of amount of Rs. 1,00,000/- in his favour, He has also deposed that he wants to withdraw the complaint lodged by him and petition be disposed of accordingly by directing the trial Court and the Registry of the High Court to release the amount of Rs. 1,10,000/- by remitting the same in his bank account. He has also stated that he has made the statement in Court today out of his free will, consent and also without any fear, threat, pressure or coercion.

(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and complaint arising out of dishonour of cheque under Section 138 of Negotiable Instrument Act is treated to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside.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.