Orissa High Court
Jalendra Das vs Ramesh Chandra Panigrahi on 25 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.311 of 2023
Jalendra Das .... Petitioner
Mr.M.K.Mohanty-2, Advocate
-versus-
Ramesh Chandra Panigrahi .... Opposite Party
Miss.Rasmita Das, Advocate
CORAM:
MR. JUSTICE D.DASH
ORDER
25.08.2023
Order No.
05. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard.
3. Admit.
4. On consent of the learned counsel for the Petitioner and
the learned counsel for the State, the Revision is heard on
merit. Perused the judgment passed by the Court below.
(D.Dash)
Judge
ORDER
25.08.2023
Order No.
06. 1. The Petitioner (accused) has filed this revision
questioning the legality and propriety of the judgment dated
12.05.2023 passed by the learned 2nd Additional Sessions
Judge, Baripada, Mayurbhanj in Criminal Appeal No.61 of
2015 confirming the judgment of conviction and order of
// 2 //
sentence dated 27.08.2015 passed by the learned J.M.F.C.,
Betnoti in ICC Case No.177 of 2013 (T.R. No.109/2013),
which has been initiated by the opposite party as the
complainant.
2. Miss.Rasmita Das, learned counsel for the Opposite
Party (Complainant) files an affidavit of the Opposite Party
(Complainant) in Court today, which is taken on record.
Placing the averments taken in the said affidavit, she contends
that in the meantime, the parties have amicably resolved their
dispute giving rise to the present proceeding and they have
arrived at a settlement that on payment of a sum of
Rs.1,50,000/- (One Lakh Fifty Thousand) by the Petitioner
(accused) to the Opposite Party (Complainant), he would have
no further claim against him and on that terms, they have
amicably resolved the dispute giving rise to the case for all
times to come. She further submits that in the meantime, the
Petitioner (accused) has paid a sum of Rs.50,000/- (Rupees
Fifty Thousand) on 22.08.2023 and a sum of Rs.50,000/-
(Rupees Fifty Thousand) on 24.08.2023 through NEFT and
thus the Opposite Party (Complainant) has already received the
above amount of Rs.1,00,000/- (Rupees One Lakh) in his
account and on receipt of Rs.50,000/- (Rupees Fifty
Thousand), which is lying in deposit before the Court below,
the Opposite Party (Complainant) would have no further claim.
She thus prays to for disposal of this Revision as there has been
composition of the offence, for commission of which the
Petitioner (accused) has been convicted with appropriate
// 3 //
direction as to release of the deposited amount of Rs.50,000/-
(Rupees Fifty Thousand) to the Opposite Party (Complainant).
3. Learned counsels for the Petitioner (accused) and the
Opposite Party (complainant), being present in the Court, admit
the compromise and pray for disposal of this Revision in terms
of the same in putting a rest to the litigation.
4. Taking into account the submissions made above and
on going through the averments taken in the affidavit filed
today as well as the documents annexed thereto; in view of the
provisions contained in section 147 of the Negotiable
Instruments Act, 1881 read with Sub-Sections 6 & 8 of Section
320 of the Code of Criminal Procedure, 1973, the offence for
commission of which the Petitioner (accused) has been
convicted being compounded, this Revision stands disposed of
accordingly and, therefore, the Petitioner (accused) stands
acquitted.
Accepting the submission of the learned counsels for
the Parties, the sum of Rs.50,000/- (Rupees Fifty Thousand),
which is stated to be lying in deposit with the Court below in
connection with the case, be paid to the Opposite Party
(Complaint) with the accrued interest, if any, upon observance
of all required formalities.
Issue urgent certified copy of this order as per rules.
Signature Not Verified (D.Dash)
Digitally Signed
Judge
SignedBasu
by: BASUDEV NAYAK
Reason: Authentication
Location: OHC
Date: 29-Aug-2023 13:39:32
