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2007 DIGILAW 340 (ORI)

RAMA CHANDRA PRUSTY v. SUNIL JHUNJHUNWALA

2007-05-09

PRADIP MOHANTY

body2007
JUDGMENT : Pradeep Mohanty, J. - The revision petitioner is an accused in I.C.C. Case No. 762 of 2005 and is facting trial in the Court S.D.J.M. (Sadar), Cuttack for commission of offence punishable under Section 138 of the Negotiable Instrument Act. During the midst of trial, the complainant, opposite party herein, filed a petition to be re-examined in order to prove certain document. The learned S.D.J.M. allowed the said petition by the impugned order dated 29.6.2006. Aggrieved, the accused-petitioner has filed the present revision. 2. The petitioner, Rama Chandra Prusty is present along with his counsel Mr. Sahoo. The opposite party, Sunil Jhunjhunwala is also present along with his counsel Mr. Ray. 3. At the outset, counsel for both the parties submit that the dispute between the parties has been resolved out of Court. The complainant-opposite party does not want to proceed with the case in view of the compromise and he will have no objection if the complaint case is directed to be dropped. In the above context, both the parties have filed a joint application today in Court with a prayer for compounding the offence and for dropping/quashing the aforesaid complaint case. Let that application be registered as misc. case. 4. Considering the pleadings in the joint petition, which is supported by the affidavits of both the accused and the complainant, as well as submissions made by the parties, this Court feels that no useful purpose will be served in keeping the complaint case pending sincere dispute has been admittedly settled between the parties. Therefore, in the interest of both the parties and for the ends justice, this Court directs the S.D.J.M. (S), Cuttack to pass appropriate order dropping the proceeding in I.C.C. Case No. 762 of 2005 pending on his file. 5. In the result, the misc. case is allowed and the CRLREV is disposed of accordingly. 6. Urgent certified copy of the order be granted as per rules. Final Result : Allowed