Allahabad High Court
Amit Singh vs State Of Up And 2 Others on 25 May, 2022
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL REVISION No. - 434 of 2022
Revisionist :- Amit Singh
Opposite Party :- State Of Up And 2 Others
Counsel for Revisionist :- Satya Dheer Singh Jadaun,Prashant Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Order on Amendment Application
Heard.
Amendment application stands allowed.
Let necessary amendment be made in the memo of revision.
Order on Criminal Revision
Heard learned counsel for the revisionist, learned AGA for the State, Sri Santosh Kumar Nigam, learned counsel for opposite party No. 2 and perused the record.
This criminal revision has been filed against the judgment and order dated 12.2.2021 passed by Addl. Sessions Judge, Court No. 12, Kanpur Nagar in Criminal Appeal No. 167 of 2019 (M/s Mohan Bartan Bhandar and another vs. M/s My Telenet Pvt. Ltd. and another) and order dated 19.9.2019 passed by Addl. Civil Judge-II, Kanpur Nagar in Complaint No. 138 of 2014, under Section 138 N.I. Act, P.S. Nazirabad, District- Kanpur Nagar.
Brief facts of the case are that opposite party No. 2 has filed complaint under Section 138 of N.I. Act against the revisionist-applicant regarding dishonour of two cheques bearing Cheque Nos. 676046 and 676047. On the basis of said complaint, accused persons were summoned and on the basis of complaint, applicant No. 1 was put to trial and the trial court vide judgment dated 19.9.2019 convicted the revisionist-applicant and sentenced him for a period of two years simple imprisonment with fine of Rs. 10,000/- alongwith compensation of Rs. 1,40,000/-.
Being aggrieved by the said order dated 19.9.2019, the revisionists preferred appeal being Criminal Appeal No. 167 of 2019. The court below after hearing arguments of the parties affirmed the order of the court below and also upheld the sentence.
Being aggrieved by the said order, the revisionist-applicant preferred this revision. However during the pendency of revision, parties have amicably settled all their disputes and differences. An amount of Rs. 20,000/- had already been paid to the opposite party No. 2 at the time of filing of the appeal by depositing the same in the court below on 8.1.2020. Thereafter balance amount of Rs. 1,20,000/- has been paid to the opposite party No. 2 vide Demand Draft No. 690504 in the name of firm of opposite party No. 2 today in Court. A photocopy of which has been filed today in Court, which is taken on record.
Learned counsel for the revisionist-applicant has next submitted that the said agreement has been entered into with the consent of the parties without any undue influence and coercion. Learned counsel for the revisionist-applicant has next submitted that in view of the compromise made between the parties, entire proceedings be quashed.
Learned counsel for the opposite party No. 2 has also filed an affidavit and in paragraph-9 of the said affidavit, it has been categorically stated that revisionist and opposite party No. 2 has arrived at a compromise dated 19.2.2022, copy of which has been annexed as Annexure- 3 to the supplementary affidavit. It has been further stated that the parties have entered in a compromise and in view of the settlement made, he does not want to further pursue the case in order to maintain cordial and harmonious relations between them.
In the backdrop of the said circumstances, it is prayed that the present revision be allowed and the impugned orders dated 19.9.2019 and 12.2.2021 be set aside.
The original draft of Rs. 1,20,000/- dated 12.05.2022 has been accepted by the learned counsel on behalf of opposite party No. 2.
In view of the above, the conviction and sentence dated 19.9.2019 as affirmed by the appellate court dated 12.2.2021 is set aside in view of the law laid down in the case of Ganga Bhavani Contructions vs. State of Andhara Pradesh & another reported in (2021) 3 SCC (Cri.) 355.
The present criminal revision is accordingly allowed in terms of the compromise made between the parties.
Order Date :- 25.5.2022
KU
