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2024 DIGILAW 171 (SC)

R. Raja v. State Represented By The Inspector Of Police

2024-02-12

ANIRUDDHA BOSE, SANJAY KUMAR

body2024
ORDER : 1. Leave granted. 2. The appellant herein has been convicted for committing the offence of cheating. Case was instituted against him at the instance of the respondent No.2, the defacto complainant. Substance of allegations against the appellant was of collecting certain sum of money from the respondent no.2 and his friend with the promise of arranging a permit for operating a minibus but subsequently failing to arrange such permit and also failing to refund the sum received. The appellant suffered conviction through judgment dated 27.03.2018 delivered by the Judicial Magistrate No.2, Salem. He was directed to undergo two years’ simple imprisonment and pay fine of Rs.1,000/- with order of default imprisonment. The Sessions Court affirmed this judgment and order of sentence, which was confirmed by the High Court in revision. Charge under Section 506(ii) of the Indian Penal Code against the appellant, made at the initial stage was not proved and the appellant was acquitted of the said charge. His conviction was under Section 420 of the 1860 Code. 3. Now the parties have settled their dispute and an affidavit to that effect has been filed by respondent No. 2 in this proceeding itself bringing on record a compromise dated 12.12.2021 arrived at between the appellant and the said respondent. 4. The offence involved has strong civil element. Hence, we do not think any purpose would be served in sustaining the order of conviction and directing the appellant to undergo punishment imposed upon him. 5. In the peculiar circumstances of this case, we set aside the impugned judgment and order, as a consequence of which the judgment of conviction as also the order of sentence shall stand invalidated. The appellant accordingly stands acquitted. 6. The present appeal is disposed of in the above terms. 7. Interim order shall stand dissolved. 8. Pending application(s), if any, shall also stand disposed of.