Manoj Kumar Boxi vs State Of Odisha & Anoter
2023 Latest Caselaw 11157 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                      CRLREV No.413 of 2018


        Manoj Kumar Boxi                    ....          Petitioner
                                       Mr.A.U. Senapati, Advocate

                               -versus-
        State of Odisha & Anoter         .... Opp. Parties.
                                 Mr.P.K.Mohanty, ASC for O.P.1
                               Mr.S.S.Singh, Advocate for O.P.2

                 CORAM:
                 MR. JUSTICE D.DASH

                                 ORDER

Order                           12.09.2023
No.

  09.   1.      This   matter   is   taken   up   through     Hybrid

Arrangement (Virtual/Physical Mode).

2. The Petitioner (accused) has filed this revision

questioning the legality and propriety of the judgment

dated 06.02.2018 passed by the learned 1st Additional

Sessions Judge, Rourkela in Criminal Appeal No.67 of

2016 confirming the judgment of conviction and order of

sentence dated 23.11.2016 passed by the learned J.M.F.C.,

Rourkela in ICC Case No.423 of 2011, which has been

initiated by the opposite party as the complainant.

// 2 //

3. The Opposite Party (complainant) has filed an I.A.,

i.e. I.A. No.661 of 2023 supported by an affidavit of the

Complainant.

The I.A. filed finds mention of all such terms and

conditions on which the parties have amicably resolved

their dispute giving rise to the present proceeding. The

Opposite Party (Complainant) has prayed that in view of

the settlement, the offence for commission of which the

Petitioner (accused) has been convicted and sentenced, be

compounded. It is also indicated in the petition that in

terms of the settlement, the Petitioner (accused) has paid

a sum of Rs.50,000/- (Rupees Fifty Thousand) to the

Opposite Party (complainant) by way of Bank Draft

No.500662 dated 7.9.2023 at ICICI Bank, RSP Campus

Branch, Rourkela as stated in pargraph-3 of the I.A.

4. 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.

5. Taking into account the submissions made above

and on going through the averments taken in the I.A.

supported by the affidavit of the Opposite Party

// 3 //

(Complainant) 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.

Issue urgent certified copy of this order as per

rules.

(D.Dash) Judge

Narayan

Signature Not Verified Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Location: OHC Date: 14-Sep-2023 14:38:26