(1.) Heard Mr. Jyoti Prasad Sinha, learned counsel for the petitioners and Mr. Arpit Kumar, learned counsel appearing on behalf of the opposite party No. 2.
(2.) This revision is directed against the judgment dated 18.08. 2011, passed by learned Judicial Magistrate, 1st Class, Dhanbad, whereby and where under, petitioner has been convicted for the offence punishable under Section 407 of the Indian Penal Code and sentenced to undergo simple imprisonment for two years. Challenge has also been made to the order dated 09.07. 2015, passed by the Sessions Judge, Dhanbad in Criminal Appeal No. 202 of 2011, by which judgment of the learned trial court has been affirmed and the appeal was dismissed.
(3.) It has been submitted by learned counsel for the petitioners that allegation has been made with respect to the defalcation of sale proceeds of the shop amounting to Rs. 3,54,736/- and petitioners being the Manager and Assistant Manager of the shop were held responsible for such defalcation. Learned counsel for the petitioners submits that subsequently, matter has been compromised and the entire amount of Rs. 3,54,736/- has been paid to the opposite party No. 2 by way of two demand drafts of Rs. 1,77,368/-. Learned counsel submits that in view of the compromise arrived at between the parties, judgment of conviction and order of sentence passed by the Judicial Magistrate as well as affirmed by the learned appellate court be quashed and set aside.