SUSHMA DEVI v. SHIMLA JAN KALYAN CO-OPERATIVE SOCIETY
2015-12-10
SANJAY KAROL
body2015
DigiLaw.ai
JUDGMENT : SANJAY KAROL, J. 1. Assailing the judgment dated 28.5.2011, passed by Judicial Magistrate 1st Class, Court No. 3, Shimla, H.P., in Case No.565-3 of 10/09, titled as The Shimla Jan Kalyan Co-operative Society v. Sushma Devi, as affirmed by learned Sessions Judge, Shimla, vide judgment dated 5.1.2015, passed in Criminal Appeal No.62-S/10 of 2011, titled as Smt. Sushma Devi v. The Shimla Jankalyan Cooperative Society and another, the petitioner has filed the present revision petition under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973. 2. It is seen that the trial Court has convicted the accused-petitioner and sentenced him to undergo simple imprisonment for three months and to pay compensation of Rs. 15,000/- to the complainant, in relation to offence punishable under Section 138 of the Negotiable Instruments Act. The Judgment of conviction and sentence has been upheld by the learned Sessions Judge, Shimla, H.P. 3. Dispute in question stands amicably resolved between the parties before learned Mediator, in view of the ratio of law laid down by the Apex Court in Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663 . 4. Petitioner, through counsel, undertakes to deposit the amount in terms of Damodar S. Prabhu (supra) within a period of six weeks. 5. As such, offence is directed to be compounded and the judgments of conviction and sentence passed by the Courts below are set aside. 6. List on 30.12.2015 before Additional Registrar (Judicial) for compliance. With the aforesaid observation, present revision petition stands disposed of, so also, pending application(s), if any.