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2019 DIGILAW 996 (JHR)

Kausar Jahan @ Kaushar Jahan v. State of Jharkhand

2019-05-07

AMITAV K.GUPTA

body2019
JUDGMENT : 1. The petitioner has preferred this revision challenging the judgment and order dated August 02, 2018, passed by the Sessions Judge, Lohardaga, in Criminal Appeal No.27 of 2018, affirming the order of conviction and sentence dated February 08, 2018 passed by the Additional Chief Judicial Magistrate, Lohardaga, in complaint case no. 28 of 2017, whereby the petitioner was convicted for the offence under Section 138 of N.I Act and sentenced to undergo imprisonment for two months and to pay a compensation of Rs. 35,000/-. 2. The petitioner Kausar Jahan and O.P. No.2 i.e., the complainant Mukesh Sahu are present, along with their counsels. 3. Learned counsel for the petitioner submits that the parties have amicably settled and compromised the matter. 4. O.P. No.2 has consented to the submission of the petitioner, and admitted that he has received the amount. It is submitted that on intervention of friends and well wishers both the parties have amicably settled the matter. O.P. No.2 has submitted that he does not want to proceed further with prosecution of the case. 5. Heard. Since both the parties have amicably settled the matter and the offence under Section 138 is compoundable, accordingly, the compromise is accepted. In the attending facts and circumstances the continuance of further proceeding of the case will be an exercise in futility and wastage of time and an abuse of process of the court. 6. As a result, the judgment and order dated August 02, 2018 passed by the Sessions Judge, Lohardaga, in Criminal Appeal No. 27 of 2018 and the judgment of conviction and order of sentence dated February 08, 2018 passed by the Additional Chief Judicial Magistrate, Lohardaga, in complaint case no. 28 of 2017 are, hereby, set aside. 7. This Criminal Revision stands allowed in terms of the compromise.