Jitendra Aich vs State Of Odisha And Another
2022 Latest Caselaw 2627 Ori

      IN THE HIGH COURT OF ORISSA AT CUTTACK

                      CRLREV Nos.312 of 2021

      Jitendra Aich                          ....            Petitioner
                                              Mr. B.B. Singh, Advocate
                                 -versus-

      State of Odisha and another            ....     Opposite Parties
                         Mr.Bijay Ku. Mohanty, Advocate for O.P. No.2


             CORAM:
             JUSTICE A.K.MOHAPATRA

Order No.                            ORDER
                                    14.05.2022

08.    1.    The matter is taken up today in the 2nd National Lok
       Adalat.

2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

3. This revision petition has been filed challenging the judgment and order dated 13.8.2021, passed in Criminal Appeal No.04 of 2021 by confirming the judgment dated 02.03.2021, passed by the J.M.F.C., Jajpur Road in I.C.C. Case No.87 of 2017. The cheque amount that is involved in this case is Rs.50,000/- (Rupees Fifty thousand).

4. During hearing of the case, both the parties have agreed to settle the matter out of Court and according to the terms of comprise, Petitioner has agreed to pay and the Opposite Party No.2 has agreed to accept a sum of Rs.50,000/- (Rupees Fifty thousand) towards full and final settlement of his claim.

// 2 //

Learned counsel for the Opposite Party No.2 also admits that he has already received the aforesaid amount from the Petitioner and he has also filed an affidavit indicating the aforesaid fact. Further it is submitted by learned counsel for the Opposite Party No.2 that the amount received from the Petitioner is towards full and final settlement of the matter. Accordingly, learned counsel for the Petitioner submits that he does not want to proceed any further against the Opposite Party No.2.

5. Considering the facts and circumstances of the case and keeping in view the larger interest of justice and the fact that the amount of Rs.50,000/- has already been received by the Opposite Party no.2, this Court is inclined to allow the parties to compound the offence under Section 147 of the N.I.Act and accordingly the Petitioner is acquitted of the charge u/s.138 of the N.I. Act and the Criminal Revision is disposed of in view of the above.

(A.K. Mohapatra, J.) nd 2 National Lok Adalat

U.K.Sahoo