SURESH KUMAR Vs. ASHWANI KUMAR

JUDGEMENT

(1.) Present Revision Petition has been filed assailing judgment passed by learned Additional Sessions Judge, Rampur Bushahr, District Shimla, H.P. in Cr. Appeal No. 1-R/10 of 2018, dated 22.10.2018, titled as Suresh Kumar vs. Ashwani Kumar, whereby judgment and order of conviction passed by learned Additional Chief Judicial Magistrate, Rampur Bushehar, District Shimla, H.P., dated 06.11.2017/21.11.2017 in Case No.65-3 of 2016, titled as Ashwani Kumar vs. Suresh Kumar, convicting and sentencing the petitioner-accused to undergo simple imprisonment for six months and to pay compensation of Rs. 1,00,000/-, to the complainant, has been affirmed.

(2.) Today, in his statement recorded separately, Mr. Sunil Chauhan, learned counsel, for respondent No.1-Ashwani Kumar, has stated that he is competent and duly authorized to make statement on behalf of respondent-complainant and as per instructions received by him, entire amount of compensation has been paid by petitioner Suresh Kumar and now nothing is due from him and the matter has been amicably settled between the parties and as per compromise, respondent-complainant has agreed to withdraw the complaint preferred by him under Section 138 of the Negotiable Instruments Act and the amount deposited by petitioner Suresh Kumar in the trial Court has also been released in favour of respondent-complainant Ashwani Kumar in compliance of order dated 11.04.2019, passed by this Court. Lastly, he has prayed for permission to withdraw the complaint.

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complaint arising out of dishonour of cheque under Section 138 of the Negotiable Instruments Act is permitted to be withdrawn and judgments of conviction and sentence passed by learned Courts below are quashed and set aside.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