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2019 DIGILAW 49 (ORI)

Krushna Chandra Mohanty v. Gopinath Mohapatra

2019-01-18

A.K.MISHRA

body2019
JUDGMENT : A.K. Mishra, J. In this revision U/s.401 of Cr.P.C. the petitioner has challenged the judgment dtd. 01.08.1996 passed by the Sessions Judge, Puri in Criminal Appeal No.16 of 1995 in maintaining the conviction of petitioner U/s.138 of Negotiable Instruments Act, 1881 (for brevity 'the N.I. Act') as held by the learned Judicial Magistrate First Class, Puri in I.C.C. No.151 of 1993 vide his judgment dtd.23.1.1995. While doing so, the Appellate Court had reduced the sentence of one year simple imprisonment passed by the learned Trial Court to that of six months. 2. The case of prosecution in brief is that the present petitioner, as accused, to discharge a debt, had issued a cheque for Rs. 30,000/- on 26.07.1993, drawn on Allahabad Bank, Puri in favour of opposite party - complainant. The said cheque having been dishonoured for 'stop payment instruction', the complainant issued notice on 13.09.1993 and for having received reply on 10.09.1993 denying his liability, was constrained to file complaint case I.C.C. No.151 of 1993. The accused - petitioner faced trial. 3. In proof of his case, complainant examined four witnesses including himself. Defence examined none. 4. Learned trial court, appreciating the evidence, both oral and documentary, vide judgment dtd.23.1.1995, found the accused guilty U/s.138 of N.I. Act and sentenced him to undergo simple imprisonment for one year. The accused preferred Criminal Appeal bearing No.16 of 1995 in the court of learned Sessions Judge, Puri, who, vide judgment dtd.01.08.1996, upheld the conviction as no fault was found in the judgment of learned trial court but reduced the sentence to six months simple imprisonment. Against the said judgment, this revision is filed. 5. Learned counsel for both the parties filed written information (memo) in course of the hearing on 16.1.2019 to the effect that complainant had finally received Rs. 30,000/- and the matter was already amicably settled. They have urged Court to acquit the accused petitioner as the offence is compoundable U/s.147 of the N.I. Act, 1881. 6. On perusal of record of this revision, it is found that petitioner was directed to make payment towards the claim and vide order dtd.4.7.2002, a sum of Rs. 15,000/- in shape of bank draft was paid and the factum of compromise was advanced. On 20.02.2002 the petitioner had filed an affidavit stating to have paid Rs. 6. On perusal of record of this revision, it is found that petitioner was directed to make payment towards the claim and vide order dtd.4.7.2002, a sum of Rs. 15,000/- in shape of bank draft was paid and the factum of compromise was advanced. On 20.02.2002 the petitioner had filed an affidavit stating to have paid Rs. 15,000/- by way of Bankers Cheque and expressing his willingness to pay the entire sum of Rs. 30,000/-. It is not disputed that the said amount of Rs. 30,000/- has already been paid by the petitioner to the complainant and amicable settlement between the parties has been arrived at. 7. Section 147 of the N.I. Act, 1881 reads as follows:- "147. Offences to be compoundable. - Notwithstanding anything contained in the Code of Criminal procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable." 8. Having heard learned counsel for the parties, it is found that an amicable settlement has been arrived at between the parties, which is acceptable U/s.147 of the N.I. Act. Hence the Judgment of conviction and sentence passed by learned Judicial Magistrate, First Class, Puri in I.C.C. Case No.151 of 1993 and the judgment dtd.01.08.1996 passed in Criminal Appeal No.16 of 1995 by the learned Sessions Judge, Puri confirming the same are hereby set-aside and the accused is acquitted therefrom. Revision is allowed.