JASPAL SINGH Vs. STATE OF JHARKHAND & ANR.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) Petitioner is aggrieved by the Judgment dated 1st June, 2007 passed by the learned Additional Sessions Judge, FTC-III, Dhanbad, in Cr. Appeal No.165 of 2005, whereby the appeal filed against the Judgment and Order dated 15th of July 2005, passed by Sri Deepak Baranwal, learned Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case No.71 of 2002/T.R. No.622 of 2005, convicting and sentencing the petitioner for the offence under Sec. 138 of the Negotiable Instrument Act, has been rejected by the Appellate Court below.

(3.) The complaint was filed by one Shayam Sunder Narera, who was working as Assistant Manager (Administration) in the Bihar Air Products Ltd. It appears that the case has since been compromised between the Company and the petitioner and the joint compromise petition has been filed in I.A. No. 7364 of 2013, stating that the case has since been compromised between the parties. However, the affidavit in the said petition has been filed by one Ramesh Kumar Kejriwal, stating that he is the Managing Director of Bihar Air Products Ltd. and he has been authorised by the Company to compromise the case on behalf of the Company. Sri Indrajit Sinha, learned counsel for the complainant Company represents the Company and he accepts the compromise filed on behalf of the complainant. In the Joint compromise petition, it is stated that both the parties have settled their dispute outside the Court, as all the dues have been received by the complainant Company and the complainant Company has no objection in getting the case compromised. It has been submitted by the learned counsel for the petitioner as well as learned counsel for the complainant that the compromise between the parties be accepted.