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2019 DIGILAW 472 (ORI)

Susmita Patel v. Subir Kumar Mishra

2019-07-19

D.DASH

body2019
ORDER : D. Dash, J. 1. This revision is directed against the judgment dated 15.12.2016 passed by learned Additional Sessions Judge, Sundargarh, in Crl. Appeal No. 11 of 2015 confirming the judgment dated 05.05.2015 passed by learned S.D.J.M., Sundargarh in I.C.C. No. 78 of 2013 (Trial No. 139 of 2015) by which the petitioner has been convicted for offence under Section 138 of the N.I. Act and ordered to undergo simple imprisonment for a period of one year with further direction to pay compensation of Rs. 9.00 lakhs to the complainant-opposite party no. 1. 2. Heard learned counsel for the appellant and learned counsel for the opposite party no.1. 3. The complainant-opposite party no. 1 files an affidavit sworn by the opposite party no.1. (complainant) in Court today, which is taken on record. 4. Learned counsel for the petitioner and opposite party no. 1 submit that the parties have amicably resolved the dispute which had given rise to this case and they having arrived at a compromise, now the opposite party no. 1 has no objection for composition of the offence under section 138 of the N.I. Act under which the petitioner (accused) stands convicted and sentenced. 5. Perusal of the affidavit of opposite party no. 1 (complainant) reveals that there has been settlement between the parties followed by some part payment and complainant-opposite party no.1 will have no further claim against the petitioner in terms of said compromise on receipt of the sum of Rs.4,50,000/- which is lying in deposit by order of the Appellate court in Criminal Appeal No.11 of 2015 with the Registrar, Civil & Sessions Court, Sundargarh and the interest, if any, accrued thereupon. 6. Considering the submissions made and on going through the affidavit of the opposite patty no. 1 (complainant), it is seen that the opposite party no. 1, (complainant) has volunteered to compound the offence with the petitioner, having no objection to the same. I am convinced that no rancour now rests in their hearts and as such it is a fit case for grant of leave and permission to compound the offence under which the petitioner (accused) has been convicted in terms of section 147 of the N.I. Act. 7. I am convinced that no rancour now rests in their hearts and as such it is a fit case for grant of leave and permission to compound the offence under which the petitioner (accused) has been convicted in terms of section 147 of the N.I. Act. 7. Resultantly, the offence under section 138 of the N.I. Act for commission for commission of which the petitioner (accused) has been convicted and sentenced is compounded and the order of conviction and sentence etc. recorded against him I.C.C. Case No. 78 of 2013 by the learned S.D.J.M., Sundergarh and as confirmed by the learned Additional Sessions Judge, Sundergarh in Criminal-Appeal No. 11 of 2015 are set aside. The composition of offence shall have the effect of acquittal of the petitioner with whom the offence has been compounded in terms of sub-section 8 of section 320 Cr.P.C. 8. In view of the above order, it is directed that the complainant-opposite party no. 1 be paid with the sum of Rs.4,50,000/- (Rupees four lakhs fifty thousand) with accrued interest which is lying in deposit with the Registrar, Civil Courts, Sundargarh on fulfillment of the required formalities. The petitioner (accused) is directed to cooperate in the matter of payment of the said sum, in case it is so required.- 9. Accordingly, the revision is disposed of. 10. Issue urgent certified copy of this order on proper application.