The court can set aside a conviction and sentence under the Negotiable Instruments Act based on a joint compromise petition and acknowledgment of receipt of the settlement amount by the complainant.

JUDGMENT :

Learned counsel for the petitioner Mr. Shubham Mishra is present.

2. Learned counsel for the Opposite Party No.2 Mr. Samir Kumar Lall is also present.

3. This criminal revision application has been filed for setting aside the Judgment dated 01.05.2012 passed by learned Principal Sessions Judge, East Singhbhum at Jamshedpur in Criminal Appeal No.92/2010 whereby and whereunder the conviction and sentence of the petitioner under Section 138 of the Negotiable Instruments Act passed by the learned trial court has been confirmed and the criminal appeal has been dismissed.

4. The learned trial court vide Judgment of conviction and the order of sentence dated 24.02.2010 passed by the learned Judicial Magistrate, 1st Class at Jamshedpur in Complaint Case (C/1) Case No.301 of 2008 had convicted the petitioner under Section 138 of the Negotiable Instruments Act and had sentenced him to undergo Rigorous Imprisonment for a period of one year and to pay a sum of Rs.3,75,000/- to the Complainant as compensation under Section 357(3) of Cr.P.C. within a period of three months from the date of pronouncement of the judgment and in case of default in payment of the compensation amount, the petitioner was directed to undergo Simple Imprisonment for a further period of six months.

5. Learned counsel for the parties jointly submit that the aforesaid Interlocutory application being I.A. No.1174 of 2021 has been filed in view of the fact that the parties have settled the dispute out of Court and the present proceedings arises out of conviction of the petitioner under Section 138 of Negotiable Instruments Act. Learned counsels have referred to the interlocutory application and submitted that the entire amount has already been paid to the Opposite Party No.2 in cash and Opposite Party No.2 has acknowledged the receipt of the same. They have also referred to Para-9 of the interlocutory application wherein it is mentioned that the Opposite Party No. 2 has no objection if the impugned judgements of conviction and sentence are set aside on the basis of the compromise. Learned counsels submit that the judgments passed by both the learned courts below are fit to be set aside as the parties have settled their disputes out of court and they have no further grievance against each other and this would help them to maintain good relationship.

6. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this Court finds that the parties have settled the dispute out of Court and the Opposite Party No.2 has also received the amount and has no objection if the conviction and sentence of the petitioner is set aside on the basis of the joint compromise petition. The present dispute is apparently within the realm of private dispute between the petitioner and Opposite Party No.2.

7. Accordingly, in view of joint compromise petition, submissions of the parties and in order to meet the ends of justice, the Judgment of conviction and the order of sentence dated 24.02.2010 passed by the learned Judicial Magistrate, 1st Class at Jamshedpur in Complaint Case (C/1) Case No.301 of 2008 as well as the Judgment dated 01.05.2012 passed by learned Principal Sessions Judge, East Singhbhum at Jamshedpur in Criminal Appeal No.92/2010 are set-aside.

8. I.A. No.1174 of 2021 is allowed.

9. Accordingly, the present criminal revision petition is hereby allowed.

10. The petitioner is discharged from his liabilities under the bail bond furnished by him.

11. The office is directed to send back the lower court records to the court concerned.

12. Let this order be communicated to the learned court below through ‘FAX/ e-mail’.